Canberra Residential Developments Pty Limited v Brendas (No 2) [2008] FCA 255

FEDERAL COURT OF AUSTRALIA

Canberra Residential Developments Pty Limited v Brendas (No 2) [2008] FCA 255

EVIDENCE – application for leave to cross-examine a witness by both senior and junior counsel for the applicant in circumstances where there was a non-provision of funds to the applicant's solicitors to enable senior counsel's retainer to be continued – application refused – no 'special circumstances' Phillips v Phillips (1966) 1 NSWR 49 Eva Pty Ltd v Charles Davis Ltd (1982) VR 515 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No.3) (1990) 20 NSWLR 15 Lakatoi Universal Pty Ltd v Walker [1999] NSWSC 1337 CANBERRA RESIDENTIAL DEVELOPMENTS PTY LIMITED ACN 098 326 375 v SPIROS BRENDAS, BEVERLEY ROSE BRENDAS, KENOSS PTY LIMITED ACN 008 544 232 AND CANBERRA LAND DEVELOPMENTS PTY LIMITED ACN 103 875 823 ACD 21 OF 2006

GRAHAM J

4 MARCH 2008

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 21 OF 2006

BETWEEN: CANBERRA RESIDENTIAL DEVELOPMENTS PTY LIMITED ACN 098 326 375

Applicant

AND: SPIROS BRENDAS

First Respondent

BEVERLEY ROSE BRENDAS

Second Respondent

KENOSS PTY LIMITED ACN 008 544 232

Third Respondent

CANBERRA LAND DEVELOPMENTS PTY LIMITED ACN 103 875 823

Fourth Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 4 MARCH 2008

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. Leave not be granted to the applicant permitting the further cross-examination of Mr Brendas by different counsel. 2. The applicant pay the costs of the first, second and third respondents of the application made today ore tenus at 2.15pm. 3. The matter stand over until 10.15am on 5 March 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA