Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) [2016] FCA 1113 File number: NSD 1320 of 2014
Judge: MARKOVIC J
Date of judgment: 2 September 2016
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to prevent the plaintiff from relying on any further evidence – where further evidence is critical to the plaintiff's case – where delay in filing further evidence and where its filing would necessitate the vacation of the hearing – application dismissed COSTS – whether costs should be made payable forthwith
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P, 43, 51A Federal Court Rules 2011 (Cth) rr 1.35, 5.22, 5.23, 40.13
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40–748 McKellar v Container Terminal Management Services Limited [1999] FCA 1639 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2 TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd (No 1) [2015] FCA 739
Date of hearing: 29 August 2016
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