Salfinger v Niugini Mining (Australia) Pty Ltd 2008 FCA 571

FEDERAL COURT OF AUSTRALIA

Salfinger v Niugini Mining (Australia) Pty Ltd 2008 FCA 571

RODERICK NEIL SALFINGER v NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) and STATE OF QUEENSLAND

VID 0979 of 2007

GORDON J

24 APRIL 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 0979 of 2007

BETWEEN: RODERICK NEIL SALFINGER

Applicant

AND: NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898)

First Respondent

STATE OF QUEENSLAND

Second Respondent

JUDGE: GORDON J DATE OF ORDER: 24 APRIL 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Notice of Motion filed by the Applicant on 24 April 2008 be dismissed. 2. Paragraph 2 of the Second Respondent's Notice of Motion, filed 18 April 2008, be adjourned to a hearing before the Full Court at 10.15am on 5 May 2008. 3. The time for compliance with the orders made by Chief Justice Black on 5 February 2008 be extended as follows: · in paragraph 3, by substituting "4.00pm Australian Standard Time ("AST") on 30 April 2008" for the phrase "3 weeks prior to the date fixed for the hearing"; · in paragraph 4, by substituting "4.00pm AST on 2 May 2008" for the phrase "2 weeks prior to the date fixed for the hearing"; and · in paragraph 5, by substituting "4.00pm AST on 5 May 2008" for the phrase "1 week prior to the date fixed for the hearing". 4. The Appellant pay the Respondents' costs of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 0979 of 2007

BETWEEN: RODERICK NEIL SALFINGER

Applicant

AND: NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898)