Poulos, J. v Unme Amusements P/L

[1994] FCA 903

903 9 ; ~

JUDGMENT NO. ....-.a/ u

NOT FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY	No. NG753 of 1994
GENERAL DIVISION

BETWEEN :

JAMBS POULOS

Applicant

AND :

UNME AMUSEMENTS PTY LIMITED & OTHERS

CORAn:	SACKVILLE J.
PLACE :	SYDNEY
DATE :	11 NOVEMBER 1994

28 NOV 1994

AUSTRALIA PRINCIPAL

REASONS FOR JUDGMENT REQIGTRV

HIS HONOUR: In this matter an application has been made by the

respondents that the application for interim relief be adjourned for a period of a week or so. The respondents indicate that they are prepared in the intervening period to consent to some of the orders sought in the application, on an interim basis, in order to preserve the position pending the adjourned hearing date.

respondents.

The effect of the orders, as I understand them, would be that the billiard tables and associated equipment which form the subject matter of the litigation would remain where they presently are and would not be disposed of or dealt with in any way by the

The evidence indicates that service of the application and statement of claim was effected upon the corporate respondent on

3 November 1994 in the afternoon, that is Thursday of last week.

It appears that solicitors were served with documents relating to the second and third respondents in the afternoon of 7 November 1994, that is last Monday.

In the circumstances I think that it is reasonable that the respondents have some opportunity to formulate their responses to the application in the affidavit material that has been filed on behalf of the applicant. If it were the case that irremediable damage were caused to the applicant in the meantime then I may take a different view. However, it does not appear that any such damage will occur, particularly having regard to the offers that have been made on behalf of the respondents as far as the terms upon which an adjournment might be granted.

Accordingly what I propose to do is to adjourn the matter until Monday, 21 November 1994 at 10.15 am in the duty judge's list.

I do so on the conditions that have been foreshadowed by Mr

Harrowell, that is that the respondents will be subject to orders	in the terms of paragraph 3 of the interim orders referred to in
the application. The respondent will also be subject to an order granting the applicant access to the premises of UNME Amusements Pty Limited for the purpose of inspecting the goods that are specified in paragraph 2 of the interim orders sought as referred to in the application. It will be necessary for the applicant
to give an undertaking as to damages and I assume, Mr
Fitzsimmons, you have got the instructions to do that.
What I would suggest is that you might draft some orders giving effect to this and come back later in the morning. I can then deal with the matter, if that is a convenient course.
There is then a separate matter that needs to be dealt with, that is, that the proceeds from the use of the billiard tables and associated equipment be placed in a trust account and I assume that could be done through the trust account of a firm of solicitors pending the adjourned date.
RECORDED : NOT TRANSCRIBED
An application has been made by Mr Fitzsimmons that the proceeds from the use of the billiard tables and associated equipment ought to be placed in a trust account pending the arrival of the adjourned hearing date 10 days from now. I think it is appropriate that the respondents have an opportunity of dealing
with the issues that have been raised on the application for interim relief before any such order is made. In any event it
does not appear to me to be appropriate that there be a separate order relating to the proceeds of sale when the issues may involve the determination of, in essence, a money claim. That however is something that will become clearer on the adjourned hearing date.
I therefore shall not make any order relating to the placing of
income or of earnings from the use of the tables and associated equipment in a trust account.
What I will do, Mr Harrowell, is to direct your clients to file and serve any affidavits in connection with the application for interim relief by 5.00 pm on Thursday, 17 November 1994. Any affidavits in response will have to be dealt with on 21 November 1994 but every effort at least ought to be made to get them to Mr Harrowell's clients prior to that day. However, I will not make a direction about it.

I certify that this and the preceding 3

pages are a true copy of the Reasons for Judgment of the Honourable Justice Sackville.

Datedr 21 November, 1994

Heard :	11 November, 1994
Place:	Sydney
Decision:	11 November, 1994
Appearances:	Mr Fitzsimmons, instructed by McCrohon Bergseng Partners, Solicitors, appeared for the applicant.
W J.G.F.  Harrowell 7' ~ n t & ~l:nt,
Solicitors, appeared for the respondents.