Beciragic, B. v Benz Court Pty Ltd

[1988] FCA 638

IN THE FEDERAL COURT OF AUSTRALIA 1

QUEENSLAND DISTRICT REGISTRY 1 QLD G354 Of 1988

DIVISION GENERAL 1

BETWEEN:  BEBA BECIRAGIC

First Applicant

AND :  SAMIRA BECIRAGIC

Second Applicant

AND :  JIGMERE PTY LTD

Third Applicant

AND :  BENZ COURT PTY LTD

First Respondent

AND :  BETACE PTY LTD

Second Respondent

AND :  ANTHONY TOSWELL

Third Respondent

AND :  PAVO JURIC

Fourth Respondent

AND :  IVAN GUZAN

Fifth Respondent

AND :  MARCIA GUZAN

WHERE NADE:  BRISBANE

Sixth Respondent

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MINUTES OF ORDER

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JUDGE MAKING ORDER:	PINCUS J.
DATE OF ORDER:	26 OCTOBER 19

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THE COURT ORDERS THAT:

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(1) that the injunction be extended until 2 p.m. - on 27 I

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October 1988;

( 2 ) that any further affidavits to be used on either I ,

side be served, at least, before noon on 27 October I ,

1988; . -

( 3 ) that the further hearing of the matter be adjourned

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to 1 p.m. on 27 October 1988 before me; and

( 4 )	that the costs of the hearing this afternoon be
reserved for disposition on 27 October 1988.

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NOTE :  Settlement and entry of orders i dealt with in

- Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA 1

QUEENSLAND DISTRICT REGISTRY ) QLD G354 Of 1988

DIVISION I GENERAL 1 i

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BETWEEN: BEBA BECIRAGIC

First Applicant

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i AND: SAMIRA BECIRAGIC

Second Applicant

AND:  JIGMERE PTY LTD

Third Applicant

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I AND: BENZ COURT PTY LTD

First Respondent

AND: BETACE PTY LTD

Second Respondent

AND: ANTHONY TOSWELL

Third Respondent

AND: PAVO JURIC

Fourth Respondent

AND: IVAN GUZAN

Fifth Respondent

AND: MARCIA GUZAN

Sixth Respondent

PINCUS J. 26 OCTOBER 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter, the application which was made this

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morning was made on very skimpy material, and Mr Lyons of counsel

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has come along this afternoon without anything much better. Mr
Ulrick, on the other side, says - and it seems to me to be right -

that the case advanced on behalf of the applicants is unpromising

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in a number of respects. One is that the third applicant is in a	:-.
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position where its control is uncertain. Another is that there is no adequate explanation, even in outline, of what inquiries were'

made before the lease	was	entered into. Another is that on' Mr	L'
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Ulrick's material, it seems that the applicant was in possession

for weeks before the lease was signed. There are other matters,	'	I
whlch have been canvassed in argument.	I	have been,' in the

circumstances, as I might have indicated, very much minded to dismiss the application at thls stage. However, with some doubt,

I have decided to put it over until tomorrow to give the

applicants a second opportunity, which they have asked for, to put

some material before me.

The orders will be -

(1) that the injunction be extended until 2 p.m. tomorrow, 27

October;

( 2 )	that any further affidavits to be used on either side be
served, at least, before noon tomorrow;
( 3 )	that the further hearing of the matter be adjourned to 1 p.m.

and , me; before tomorrow

( 4 )	that the costs of the hearing this afternoon be reserved for
disposition tomorrow. 1 .

I would mention, however, that my present inclination is to give

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those cos ts t o the respondents, in any event , i n the

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circumstances.	. .	.: .	r .
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I w i l l i n d i c a t e t h a t t he d i r e c t i o n s h e a r i n g a t 9 .30 w i l l

be d e l i s t e d , and t h a t t h a t w i l l be heard a t 1 p.m. tomorrow.

Z-that	this and the 2 preceding
m	ars a true copy of the reasons for

judgment hcrein of His Honour

Mr. Justice Pincus

Associate

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