Sharpe, C. v Goodhew, K

[1993] FCA 131

l 3 \ 1 1943 ' !

JUDGMENT NO. ........ ....... .,. .. "I...-

IN THE FEDERAL COURT OF AUSTRALIA )	NO. Q1 6 of 1989
QUEENSLAND DISTRICT REGISTRY	1
INDUSTRIAL DIVISION	1

1

BETWEEN: CYRIL SHARPE. ARTHUR SMITH, JOHN BURTON I

AND PATRICK KEANE I I

Applicants

AND :  KENNETH GOODHEW

I

First Respondent

i

AND :	BARRY DAY AND IAN BARTON	. .
I

Second Respondent

l

AND :  RALPH ROOTS, BARRY GLOVER AND GRAHAM SMITH i

Third Respondent !.

AND:	STAN HARDWICK. LES SUMMERS AND P.K. BRADY	i	.
I.

Fourth Respondent	I
I :

AND :  HUGHCOMBE PTY. LIMITED i

Fifth Respondent I -

AND :  MICHAEL SLADE

I

Sixth Respondent , .

AND :	FEDERATED ENGINE DRIVERS AND FIREMENS
ASSOCIATION OF AUSTRALASIA. OUEENSLAND i
BRANCH UNION OF EMPLOYEES JACK KEVIN
CAMBOURNE AND VIC FITZGERALD  ;

8             .

1. Both motions are dismissed.

Respondents by	Cross-	! .
Claim	!

MINUTES OF ORDERS

f 6 MAR 1993

JUDGE MAKING ORDER:	Drummond J
DATE OF ORDER:	1 March, 1993
WHERE MADE:	Brisbane
THE COURT ORDERS THAT:

2.   M r . Goodhew pay the costs of and incidental to the

two notices of motion, including the reserved costs, to be taxed.
NOTE :	Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )	No. Q1 6 of 1989
QUEENSLAND DISTRICT REGISTRY	1
INDUSTRIAL DIVISION	1

BETWEEN: CYRIL SHARPE. ARTHUR SMITH. JOHN BURTON

AND PATRICK KEANE

Applicants

AND :  KENNETH GOODHEW

First Respondent

AND :  BARRY DAY AND IAN BARTON

Second Respondent

AND:  RALPH ROOTS. BARRY GLOVER AND GRAHAM SMITH

Third Respondent

AND :  STAN HARDWICK. LES SUMMERS AND P.K. BRADY

Fourth Respondent

AND :  HUGHCOMBE PTY. LIMITED

Fifth Respondent

AND:  MICHAeL SLADE

Sixth Respondent

Respondents by Cross-

Claim

Corm:	Drummond 3
Date
--	1 March, 1993
Place :	Brisbane

EX -ORE REASONS FOR JUD-N!C

The only basis upon which Mr. Goodhew has sought to demonstrate a need for access to the funds frozen in the Federal Court for the purpose of paying his tax bill of approximately $22,000.00 is that it will continue to accrue interest. The District Registrar has told me this morning that once the parties indicate they are ready to proceed to the taking of the accounts, he can give them a hearing within a relatively short period of approximately one month. It seems to me that, having regard to this information and having regard to the directions that I have given previously which were designed to ensure that the accounts are finalised in a hearing before the District Registrar as soon as possible, insufficient has been demonstrated by Mr. Goodhew to justify me in giving him access to the frozen funds for the purpose of paying this particular tax bill.

So far as his application for funding is concerned to obtain legal representation to make a submission to the court for access to moneys to pay the tax bill, the District Registrar can, as I have said, give a prompt hearing to the parties which will result in the finalisation of the parties' rights. It therefore seems to me to be inappropriate as

question of whether Mr. Goodhew should have access to the	largely an unnecessary dissipation of funds to protract the
moneys to pay his tax by adjourning that over and giving him access to some funds, which would necessarily be a relatively small amount - nothing like the $10,000.00 he has claimed - for the purpose of taking advice and seeking representation to make a submission to the court for access to the funds to pay that particular tax bill.

As I say, the only ground that Mr. Goodhew has put before me in support of his claim that it is necessary to have access to the funds to pay the tax bill is that the bill continues to accrue interest.

I propose to dismiss both those notices of motion.

I certify that this and the preceding

two pages is a true copy of the
reasons for judgment herein of the

Honourable Mr. Justice Drummond.

Associate:	L od--
Date:	1 March, 1993