Hanave Pty Ltd v LFOT Pty Ltd (formerly known as Jagar Projects Pty Ltd)(No 2)

[1997] FCA 1523

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 721   of   1995

BETWEEN:	HANAVE PTY LTD APPLICANT
AND:	LFOT PTY LTD (formerly known as JAGAR PROJECTS PTY LTD RESPONDENT
JUDGES:	MOORE
DATE OF ORDER:	11 NOVEMBER 1997
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. Leave is given to the applicant to withdraw the concession made by it on 15 April            1997.

1. Liberty to apply

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 721  of 1995

BETWEEN:	HANAVE PTY LTD APPLICANT
AND:	LFOT PTY LTD (formerly known as JAGAR PROJECTS PTY LIMITED) RESPONDENT

JUDGES:	MOORE
DATE:	11 NOVEMBER 1997
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(Delivered ex tempore)

I publish my reasons.  [Written reasons were published.]

As to the liberty to apply can I just make it plain, and I think it is plain in any event from my reasons, that that is a liberty to apply on the basis that the respondents may wish to adduce further evidence, or indeed there may be other matters they want to raise, having regard to the leave that I have given.Whilst I do not say this in the reasons, leave should be exercised promptly if it is to be exercised.

In relation to the conduct of the matter more generally, may I just say I would like to secure from the applicant and the respondents a chronology probably to accompany the written submissions, and what I would also like is a chronological list of documents that are relied upon in the evidentiary case of the parties. In other words, I want a document that sets out all the documents that each party relies on.  The applicant need prepare a chronology in relation to their documents and the respondents a chronology in relation to their documents, so that in due course I have a chronological list of the documents that are relied upon and a reference to where they are found, either in the bundle or in the exhibits.  I say that because it has become apparent to me that it is going to be very difficult to find my way through the documents without such material.

I will not give a direction to that effect.  If there is any uncertainty about what it is that I want, the parties may contact my associate and it will be put in writing.

I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore

Associate:

Dated:            11 November 1997

Counsel for the Applicant:	Mr G J McVay
Solicitor for the Applicant:	Gilbert Mane Solicitors
Counsel for the Respondent:	Mr C Hodgekiss
Solicitor for the Respondent:	Hunt and Hunt
Date of Hearing:	11 November 1997
Date of Judgment:	11 November 1997