Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 6) [2007] FCA 865

FEDERAL COURT OF AUSTRALIA

Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 6) [2007] FCA 865

PRACTICE AND PROCEDURE – failure to comply with Court orders to file and serve written submissions – application to seek leave for extension of time to file submissions – application for adjournment of hearing of closing submissions – evidence concluded almost three weeks prior – closing submissions due to be heard – written submissions due to have been filed seven days prior Held: Interests of procedural fairness require that extension of time be granted to file and serve written submissions. No procedural fairness requirement that written submissions be provided before oral submissions made. Adjournment for hearing oral submissions not granted.

State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 cited CITRUS QUEENSLAND PTY LTD (ACN 110 885 359), PETER MICHAEL TRACY AND SUNSTATE CITRUS PTY LTD (ACN 112 847 560) v SUNSTATE ORCHARDS PTY LTD (ACN 095 659 733), ANDREW COLIN STRAHLEY AND DAVID BREED QUD400 OF 2005

COLLIER J

5 JUNE 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD400 OF 2005

BETWEEN: CITRUS QUEENSLAND PTY LTD (ACN 110 885 359)

First Applicant

PETER MICHAEL TRACY

Second Applicant

SUNSTATE CITRUS PTY LTD (ACN 112 847 560)

Third Applicant

AND: SUNSTATE ORCHARDS PTY LTD (ACN 095 659 733)

First Respondent

ANDREW COLIN STRAHLEY

Second Respondent

DAVID BREED

Third Respondent

JUDGE: COLLIER J

DATE OF ORDER: 5 JUNE 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Leave be granted to the applicants to file and serve written submissions by 9.30 am on 6 June 2007. 2. Leave be granted to the respondents to file and serve written submissions in reply by 4.00 pm on 13 June 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA