Lauraine Diggins and Southern Auctions Pty Limited and A Huben

[1981] FCA 291

THE FEDERAL COURT OF AUSTRALIA

General Division

LAURAINE DIGGINS

and

SOUTHERN AUCTIONS PTY LIMITED

and A. HUBEN

C.A. SWEENEY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 27 MARCH 1981, AT 10.15 M1

Copyright in the Commonwealth Government

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Extract of Proceedings

HIS HONOUR: It would involve adjourning the further

consideration of paragraph 3 of your notice of

motion to a date to be fixed and giving the

parties liberty to file any further material in

relation to the relief claimed in paragraph 3 at

a time before the matter was heard again. The

object of the adjournment is to put the court

in the position where it can better understand

the likely course of the trial. Have you anything

to say as to why I should not make that order?

MR HAZLETT: No, your Honour.

H E IONOUR: I will make that order and having made the

order is there anything else in your notice of

motion you want to raise, other than the question

of costs?

MR HAZLETT: No.

HIS HONOUR: Do you want to argue the question of costs

now? The costs would not relate to paragraph 3,

they would relate to paragraphs 1 and 2.

l

I	MR HAZLETT:	I do not wish to argue those.
~

l

HIS HONOUR:	Do you want costs reserved, gentlemen?	l
l
MR HAZLETT:	Yes.	~
HIS HONOUR:	What do you say, Mr Kistler?	I
MR KISTLER:	I have no objection to those orders.	l
HIS HONOUR:	Do you want to work out a timetable together

for the future conduct of the matter or is that

not necessary?

MR KISTLER: It should follow the normal course in these

matters.

HIS HONOUR: If you want some consent directionsor if either

party wishes directions perhaps if I s t o o d ~ e matter

down and you might be able to tell me if you have

some consent directions you seek?

MR KISTLER:	Yes.	l
HIS HONOUR:	In relation to the notice of motion on behalf

of the respondents Southern Auctions Pty Limited and in paragraph 3 of that notice of motion be adjourned to a date to be fixed and reserves the question of costs in relation to the notice of motion. Do you

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seek any other order at the present time, subject

to the question of directions hereafter?

MR KISTLER: No.

HIS HONOUR:	I will stand the matter down so you may take whatever steps are necessary. Mr Hazlett, it might be as well if you caused something to be put on the court file which would show the course
of events subsequent to the notice pursuant to section 78(b) so that any future judge dealing with the matter will know he is proceeding in the light of the happening of those events which
you have told me. I will stand the rest of
the matter down for the time being.

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