Tilbury, F.A. v Aos Holdings P/L

[1994] FCA 855

JUDGMENT No. .....n.~ -,,- 8s.5- 7~

HOT FOR PUBLICATION

FEDERAL COURT OF AUSTRALIA	1
NEW SOOTII WALES DISTRICT REGISTRY	) No. NG 3444/94
GENERAL DIVISION	1

BETWEEN :

FRANK ALFRED TILBURY

Applicant

AND:

AOS HOLDINGS PTY LIMITED

Respondent

coRl4Hx	!3icKvILLE J.
PLACE :	SYDNEY
DATE:	10 November, 1994  16 NOV 1994

AUSTRALIA PRINCIPAL REGISTRv

HIS HONOUR: In this matter a notice of motion is before the Court, filed on behalf of the cross-applicants. That notice seeks an order that the hearing of the proceedings be expedited. There are a number of other matters by way of declarations or orders sought by reference to the cross-application. These are matters in the nature of interlocutory relief. However, Mr Hutley, who appears on behalf of the applicant in the matter, has indicated that, in his view, the relief sought in paragraph 2 of the notice of motion may require many of the factual and legal issues that would arise in the substantive proceedings to be

canvassed.

Be that as it may, I think the appropriate course in the light of the evidence that has been read, is to make an order for expedition. However, I have explained to counsel representing the parties that such an order cannot carry with it any guarantee that the matter will be heard this year or indeed at any particular time early in the new year. All must depend upon the state of the Court's lists, particularly having regard to the estimate of time, which is that the hearing of the case will occupy three days of court time.

In addition to making the order for expedition on that basis I shall direct the applicant and cross-respondents to file and serve affidavits in response to the material already served on or before 5 pm on 24 November 1994. I shall grant liberty to either party to apply on 48 hours notice. I do that on the basis that my associate will communicate to the solicitors for each of the parties by noon tomorrow what information, if any, has been ascertained as to the likelihood of the case being set down for three days in the foreseeable future.

of an early hearing, then it may be necessary for one or both

Should there be no likelihood, by reason of the Court's lists,

parties to apply for interlocutory relief. That in turn may involve an application to set down a time for the matters to be decided. Of course, it would be necessary at that time for the parties to provide a reasonably precise estimate of how long the interlocutory application would be likely to take. At that time also any orders that might be necessary to ensure that the interlocutory application were ready to be dealt with could be made.

I certify that this and the preceding 2

pages are a true copy of the Reasons for Judment of the Honourable Justice

Associate:	sachille. M
Dated: 14 November, 1994

Heard	r	10 November, 1994
Placer	Sydney
Decision	r	10 November, 1994

Appearanceer	Mr N.C. Hutley instructed by Blake Dawson
Waldron appeared for the applicant.
Mr G.E. Underwood instructed by Corrs
Chambers Weetgarth appeared for the respondents.