Commonwealth of Australia v Shenzhen Energy Transport Co Ltd (No 4) [2016] FCA 143

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Shenzhen Energy Transport Co Ltd (No 4) [2016] FCA 143

File number(s): QUD 178 of 2013

Judge(s): GREENWOOD J

Date of judgment: 24 February 2016

Catchwords: PRACTICE AND PROCEDURE – consideration of an application by the respondent to the proceeding to adjourn the trial of the action listed to commence on Monday, 4 April 2016 for a period of three weeks with a fourth buffer week in reserve should the trial not conclude within three weeks

Cases cited: Commonwealth of Australia v Shenzhen Energy Transport Co Ltd [2015] FCAFC 116

Date of hearing: 17 February 2016

Date of last submissions: 17 February 2016

Registry: Queensland

Division: General Division

National Practice Area: Admiralty and Maritime

Category: Catchwords

Number of paragraphs: 83

Counsel for the Applicant: Mr M Scott QC and Mr C Young

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr S Lawrance

Solicitor for the Respondent: Thynne & Macartney

ORDERS QUD 178 of 2013

BETWEEN: COMMONWEALTH OF AUSTRALIA Applicant

AND: SHENZHEN ENERGY TRANSPORT LTD Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 24 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The trial of the action set down to commence on Monday, 4 April 2016 and concluding on 22 April 2016 subject to the reservation of a fourth week should the matter not resolve in three weeks, is adjourned to a date to be fixed having regard to discussions conducted by the Court with the parties. 2. The costs lost by reason of the adjournment are reserved for later determination. 3. The parties are to file and serve written submissions on the question of costs within 14 days. 4. Subject to whether any party to the proceeding wishes to be heard orally on the question of costs, the costs of the proceedings will be determined on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.