Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dybner v Stay In Bed Milk & Bread Pty Ltd (Trading As Aussie Farmers Direct) [2010] FCA 1122 Citation: Dybner v Stay In Bed Milk & Bread Pty Ltd (Trading As Aussie Farmers Direct) [2010] FCA 1122
Parties: MARAT DYBNER and DINA DYBNER v STAY IN BED MILK & BREAD PTY LTD (TRADING AS AUSSIE FARMERS DIRECT) (ABN 39 115 166 982)
File number: VID 145 of 2010
Judge: JESSUP J
Date of judgment: 3 September 2010
Catchwords: PRACTICE AND PROCEDURE – Discovery – Application for further and better discovery – Whether respondent had adequately complied with discovery obligations
Cases cited: Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
Date of hearing: 3 September 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicants: Mr M Rivette
Solicitor for the Applicants: Kelly Hazell Quill Lawyers
Counsel for the Respondent: Mr R Keen
Solicitor for the Respondent: HWL Ebsworth Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 145 of 2010
BETWEEN: MARAT DYBNER
First Applicant
DINA DYBNER
Second Applicant
AND: STAY IN BED MILK & BREAD PTY LTD (TRADING AS AUSSIE FARMERS DIRECT) (ABN 39 115 166 982)
Respondent
JUDGE: JESSUP J
DATE OF ORDER: 3 SEPTEMBER 2010
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application by the applicants for further and better discovery be dismissed with costs. 2. The proceeding be removed from the Fast Track list. 3. The applicants' Amended Fast Track Statement filed 18 June 2010 stand as their Statement of Claim. 4. The respondent's Response to the Amended Fast Track Statement filed 6 August 2010 stand as its Defence. 5. The applicants' Reply to the respondent's Response to the Amended Fast Track Statement filed on 23 August 2010 stand as their Reply. 6. The respondent be released from each of the undertakings given by it to the Court on 9 March 2010, referred to in the Order of Justice Ryan on 9 March 2010. 7. The applicants file and serve the affidavits upon which they intend to rely at trial by 30 September 2010. 8. The applicants file and serve an affidavit exhibiting the report of any expert witness upon which they intend to rely at trial by 30 September 2010. 9. The respondent file and serve the affidavits upon which it intends to rely at trial by 4 November 2010. 10. The respondent file and serve an affidavit exhibiting the report of any expert witness upon which it intends to rely at trial by 4 November 2010. 11. The applicants file and serve any affidavit in reply upon which they intend to rely at trial by 25 November 2010. 12. The proceeding be listed for trial on a date to be fixed with an estimate of two weeks. 13. The costs of this day's directions hearing be reserved. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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