Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Forrester v Island Industries Pty Ltd (No 3) [2010] NFSC 4 Citation: Forrester v Island Industries Pty Ltd (No 3) [2010] NFSC 4
Parties: JOHN KENNETH FORRESTER v ISLAND INDUSTRIES PTY LTD and JOHN TERENCE BROWN
File number: SC 4 of 2008
Judge: LANDER J
Date of judgment: 19 August 2010
Catchwords: PRACTICE AND PROCEDURE – deferment of judgment – whether payment of judgment would entail serious hardship for the defendants – exercise of discretion. Held: No serious hardship for first defendant on the evidence – deferment of judgment from second defendant would prejudice the plaintiff.
Legislation: Court Procedures Act 2007 (NI) s 81 Judiciary (Stay of Proceedings) Act (ACT) s 4 (repealed) Moratorium Act 1932 (NSW) s 28 (repealed)
Cases cited: Malick v Nabty (1942) 59 WN (NSW) 21cited Reslau Robes Pty Ltd v Luke (1938) 55 WN (NSW) 213cited Union Offset Pty Ltd v Wigham (1977) 14 ACTR 43 applied
Date of hearing: 29 July 2010
Place: Norfolk Island
Division: General
Category: Catchwords
Number of paragraphs: 46
Counsel for the Plaintiff: Mr A Lo Surdo
Solicitor for the Plaintiff: Swaab Attorneys
Counsel for the Defendants: Mr J Brown
Solicitor for the Defendants: McIntyres Lawyers
IN THE SUPREME COURT OF norfolk island
GENERAL DIVISION SC 4 of 2008
BETWEEN: JOHN KENNETH FORRESTER
Plaintiff
AND: ISLAND INDUSTRIES PTY LTD
First Defendant
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