Admost Pty Ltd v Tallwoods Pastoral Company and Angus Stud Pty Ltd [2007] FCA 600

FEDERAL COURT OF AUSTRALIA

Admost Pty Ltd v Tallwoods Pastoral Company and Angus Stud Pty Ltd [2007] FCA 600 ADMOST PTY LIMITED, RICHARD PAUL SAPSFORD AND PAMELA ELIZABETH SAPSFORD v TALLWOODS PASTORAL COMPANY AND ANGUS STUD PTY LTD AND PHILLIP HANNAY 1894 OF 2005

COWDROY J

27 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1894 OF 2005

BETWEEN: ADMOST PTY LIMITED

First Applicant

RICHARD PAUL SAPSFORD

Second Applicant

PAMELA ELIZABETH SAPSFORD

Third Applicant

AND: TALLWOODS PASTORAL COMPANY AND ANGUS STUD PTY LTD

First Respondent

PHILLIP HANNAY

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 27 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicants' Notice of Motion filed 29 March 2007 to vacate the hearing date be dismissed. 2. The applicants pay the costs of the respondents of and incidental to the hearing of this motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1894 OF 2005

BETWEEN: ADMOST PTY LIMITED

First Applicant

RICHARD PAUL SAPSFORD

Second Applicant

PAMELA ELIZABETH SAPSFORD

Third Applicant

AND: TALLWOODS PASTORAL COMPANY AND ANGUS STUD PTY LTD

First Respondent

PHILLIP HANNAY

Second Respondent

JUDGE: COWDROY J

DATE: 27 APRIL 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 By Notice of Motion filed on 29 March 2007 the applicants seek an order that the hearing dates of 4, 5, 6 and 7 June 2007 be vacated on the basis that the second applicant ('Mr Sapsford') and the third applicant ('Mrs Sapsford') will not be in Australia during that time.