Leigh-Mardon Pty Ltd v Titan Corporation Ltd

[1996] FCA 1038

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY  No VG 346 of 1993
GENERAL DIVISION

B E T W E E N :

LEIGH-MARDON PTY LTD  Applicant
A N D :
  TITAN CORPORATION LTD and OTHERS                 Respondents

COURT:         NORTHROP J
PLACE:         MELBOURNE
DATE: 21 NOVEMBER 1996

REASONS FOR JUDGMENT

I am hearing an application essentially for the adjournment or vacation of the hearing date of this matter and consequential orders in relation to the taking of further steps leading to the exchange of various documents and statements to be used at that hearing.  I must express my concern at the great amount of detail in the affidavits which are being relied upon both for and against the granting of the adjournment.  It seems to me, having had them explained to me and read in parts, that far too much time has been spent on what I consider to be irrelevant considerations to the matter I must determine. All I can say is that it seems to me that the parties are reverting to the errors of the past when too much time has been spent blaming the other for various events without enough attention being given to the future to get the matter ready for trial.  An aspect of this
problem has arisen because of the request by the applicants to cross-examine a witness, Mr Graco, in relation to his affidavit.

The cross-examination is directed to an issue which is relevant to my decision namely that the assets of one of the respondents, the main company, Titan, are being dissipated and it is necessary to have the hearing as soon as possible before all assets are dissipated, leaving the applicants in a position of not being able to recover any damages if they do succeed.  In relation to this aspect of the matter, evidence has been given of what appears in documents filed in proceedings in the Supreme Court and what may be contradictions between some of that material and what might be gleaned from another document in relation to an amount of $90,000.00 in relation to remuneration of certain of the directors of the companies. 

In my opinion the Court would not be assisted in any way whatsoever by pursing this matter. In these circumstances I do not give leave to cross-examine Mr Graco on his affidavit in relation to this matter.

I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment of the Honourable Justice R M Northrop.

Associate:

Date: