Security Pacific Gold Ltd v Tricontinental Corporation Ltd

[1992] FCA 1061

JUDGMENT No. ........ ........ .. ........ .... I061 1 72

IN THE FEDERAL COURT OF AUSTRALIA	)
1
NEW SOUTH WALES DISTRICT REGISTRY )	No. NG 182 of 1991

)

GENERAL DIVISION )

BETWEEN :  SECURITY PACIFIC GOLD LIMITED
Applicant

AND :  TRICONTINENTAL CORPORATION
LIMITED & ORS

Respondent

CORAM :	FOSTER J
DATE :	10 MARCH 1992
PLACE :	SYDNEY

REASONS FOR JUDGMENT

HIS HONOUR: This matter has been in the list before me on a number of occasions. I have been apprised on each occasion of the difficulties that are involved on the part of the respondents both in obtaining the statements of lay witnesses and expert reports. I accept, of course, that those difficulties exist. On the other hand, the applicant has pressed on each occasion for the case to be put in order for the obtaining of a date for hearing at the long matter callover on 14 April 1992.

I have been told by Mrs Bennett who appears for the of experts reports on their side being ready for exchange	first, second and fourth respondents that there is little hope
before the end of May. Mrs Bennett has also told the Court
that she is making her submissions on this matter on instructions but also on the basis that she herself will not be handling the matter when it comes for trial.
Whilst accepting that the directions I propose to give may not in fact be able to be complied with, I feel that nevertheless they should be given in the hope and expectation that every effort will be made to comply with them so that this matter can be brought to trial. I propose to give these directions on the basis that the matter will be placed in the
long matters callover on 14 April 1992. It -wi-11- .be -placed in - - ------
that callover obviously on the basis that the directions which
I give are not to be complied with until after that date.
Whether or not the judge in charge of the long callover list will appoint a date in the light of that fact is a matter that the parties will have to take up with him at the callover. As the date fixed will no doubt be some distance ahead in any event, it may be that they will be able to persuade the judge that a date should be given despite the fact that the case is
not in all respects ready for trial.
The directions that I give are as asked with the addition at the end of direction 1 of the date 30 April 1992; direction 2, 30 April 1992; direction 3, 31 May 1992; direction 4, 31 May 1992. The matter will be placed in the long matters callover on 14 April 1992. I also direct that the remarks that I have just made be taken out and transcribed

and placed with the papers for the attention, should he so

desire it, of the judge handling the callover.

I certify that this and the preceding

two (2) pages are a true copy of the reasons for judgment herein of the Honourable Mr Justice M. L. Foster.

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