Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia

[2001] FCA 1883

FEDERAL COURT OF AUSTRALIA

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2001] FCA 1883

PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L. AND OCEANIC EXPLORATION COMPANY v COMMONWEALTH OF AUSTRALIA, JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA, PHILLIPS PETROLEUM (91-12) PTY LIMITED, PHILLIPS PETROLEUM COMPANY ZOC AND PHILLIPS PETROLEUM TIMOR SEA PTY LIMITED

NO. N 1224 OF 2001

BEAUMONT J
21 DECEMBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1224 OF 2001

BETWEEN:

PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L.
FIRST APPLICANT

OCEANIC EXPLORATION COMPANY
SECOND APPLICANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA
SECOND RESPONDENT

PHILLIPS PETROLEUM (91-12) PTY LIMITED
THIRD RESPONDENT

PHILLIPS PETROLEUM COMPANY ZOC
FOURTH RESPONDENT

PHILLIPS PETROLEUM TIMOR SEA PTY LIMITED
FIFTH RESPONDENT

JUDGE:

BEAUMONT J

DATE OF ORDER:

21 DECEMBER 2001

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The applicants’ notice of motion filed on 13 December 2001 be stood over for further (and final) hearing on 16 January 2002 at 9.45 a.m.

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	N 1224 OF 2001

BETWEEN:

PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L.
FIRST APPLICANT

OCEANIC EXPLORATION COMPANY
SECOND APPLICANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA
SECOND RESPONDENT

PHILLIPS PETROLEUM (91-12) PTY LIMITED
THIRD RESPONDENT

PHILLIPS PETROLEUM COMPANY ZOC
FOURTH RESPONDENT

PHILLIPS PETROLEUM TIMOR SEA PTY LIMITED
FIFTH RESPONDENT

JUDGE:	BEAUMONT J
DATE:	21 DECEMBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT FOR STANDING OVER TO 16 JANUARY 2002 APPLICANTS’ NOTICE OF MOTION TO SET ASIDE NOTICE TO PRODUCE GIVEN BY PHILLIPS

BEAUMONT J:

1. Because in my view, it is not yet ripe for determination, I propose to stand this notice of motion over for hearing on 16 January 2002, when the matter is again before the Court for directions.

2. In essence, my reasons for this order are as follows:

   ·For some time, Phillips has pressed for further particulars of the statement of claim;  and on 19 December 2001, the Court directed that those particulars be provided by 14 January 2002.

   ·For some time, Phillips has foreshadowed that it intends to move for orders, inter alia, staying the proceedings and/or striking out the statement of claim.  In accordance with an undertaking given to the Court on 19 December 2001 during argument on the present application, Phillips has now filed its notice of motion, fixed for hearing in early April 2002.

   ·In my opinion, the interests of justice dictate that these proceedings, at all stages, including interlocutory phases, proceed in an orderly sequence;  otherwise unnecessary expense will be incurred and achieving a fair determination of the real issues will be, at the least, postponed.

   ·A logical order of the respective steps henceforth to be taken by the parties is as follows:  (1)  Particularisation of the allegations in the statement of claim;  (2)  If appropriate, Phillips to agitate any deficiencies alleged in that response (to be deal with on 16 January 2002);  (3)  If appropriate, Phillips to supplement and/or modify (on 16 January 2002) its submissions in response to the present notice of motion;  and  (4)  The Court then to rule on the notice of motion in the light of the foregoing.

3. Accordingly, it is ordered that the notice of motion filed by the applicants on 13 December 2001 stand over for further (and final) hearing on 16 January 2002 at 9.45 a.m.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Beaumont.

Associate:

Dated:            21 December 2001

Counsel for the Applicants:	Mr G C Lindsay SC with Mr C Ward and Mr J Kennett
Solicitor for the Applicants:	Deakins
Counsel for the First Respondent:	Ms J Pownall
Solicitors for First Respondent:	Australian Government Solicitor
Counsel for the Third, Fourth & Fifth Respondents:	Dr A S Bell
Solicitors for the Third, Fourth & Fifth Respondents:	Freehills
Date of Hearing:	19 December 2001
Date of Judgment:	21 December 2001