Talacko & Ors v Talacko

[2008] VSC 323

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 7393 of 1998

HELENA MARIE TALACKO AND OTHERS	Plaintiffs
v
JAN EMIL TALACKO	Defendant

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JUDGE:	OSBORN J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	18 AUGUST 2008
DATE OF RULING:	18 AUGUST 2008
CASE MAY BE CITED AS:	TALACKO & ORS v TALACKO
MEDIUM NEUTRAL CITATION:	[2008] VSC 323

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Directions.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiffs	Mr S. Howells	Holding Redlich Lawyers
For the Defendant	Mr R. Berglund QC with Mr D. Williams	Findlay Arthur Phillips

HIS HONOUR:

1. First, the defendant's summons of 8^th May 2008 seeking leave to appeal will be dismissed by consent and I will order the defendant to pay the plaintiffs’ costs of and associated with such summons, which costs have, in the event, been thrown away.  Secondly, I will adjourn the plaintiffs’ summons of 14 August 2008 seeking a Mareva injunction to Friday 3 October 2008 for hearing on an estimate of one to two days before a Judge to be nominated by the Listing Master.  I will direct that any affidavit materials of the defendant with respect to such summons be filed and served within 21 days and answering affidavit material of the plaintiffs be filed and served within 14 days thereafter. 

1. I have so directed:

(a)because the summons has been brought on relatively precipitately having regard to the history of this proceeding;

(b)because the application is a discreet interlocutory application well capable on its face of determination by another judge;

(c)because I accept the defendant's submission that there would be some sensitivity in my dealing with it if I am to remain the trial Judge and, in particular, with respect to any assessment of the defendant's course of conduct to date; 

(d)because it is desirable to put in place a timetable which ensures adequate opportunity to exchange affidavit material with respect to potentially far reaching orders;  and

(e)because I accept that it is desirable, if practicable, to facilitate the appearance of senior counsel retained on behalf of the defendant in the matter.

(f) I will reserve the costs of the summons of 14 August 2008 in respect of today.

1. Thirdly, I will reserve my rulings with respect to the plaintiffs’ costs of the hearing of preliminary issues and I will also reserve my ruling with respect to the giving of directions as to the valuation evidence in the proceeding.  I will reserve the costs of today relating to these last two matters and subject to anything counsel may say or wish to say to me. 

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