Todhunter, J.A. v Commonwealth Director of Public Prosecutions

[1993] FCA 644

6 ~ 9 9.3

JUDGMENT NO. ........ ........ .. 1

IN THE FEDERAL COURT OF AUSTRALIA )

I

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 228 of 1993

1

GENERAL DIVISION 1

BETWEEN:  JOHN ANTHONY TODHUNTER

Applicant

AND :  COMMONWEALTH DIRECTOR OF

l G SEP 1993	PUBLIC PROSECUTIONS & ANOR
FEDERAL COURT OF	First Respondent

AUSTRALIA

PRINCIPAL

REGISTRY DEREK PRICE

Second Respondent

27 July 1993

REASONS FOR JUDGMENT

LOCKHART J.

On 8 July this year, a judge of the Court specially fixed this matter for hearing to commence next week on Thursday, 5 August, on the basis that it would take more than one day but not more than two days to hear. Each party was expressly given leave by his Honour to apply on two days notice in the meantime.

It is obvious that his Honour fixed those dates, notwithstanding that he was informed at the time that it would inconvenience counsel for the applicant, because there were then no other dates in the foreseeable future that could be allocated by the Court to the hearing of this matter in view of the Court's heavy commitments. It is plain that his Honour had little

There is now a motion by the applicant to vacate that fixture on the basis that neither senior nor junior counsel

alternative but to list the matter when he did.
appearing for the applicant can appear for him on either of those
two days.

Discussion has revealed that 31 August and 1 September are dates that suit counsel for all parties. Had the position been on 8 July as it now is, I have no doubt that his Honour would have fixed the hearing for the dates for which I am about to fix the matter.

I vacate the fixture for next week. The matter will proceed

for hearing on 31 August next.

Costs of the motion will be costs in the proceeding.

I certify that this and the

preceding one (1) page are a true copy of the reasons for judgment her

Dated: 27 July 1993

Counsel for the Applicant	P Byrne
M Anastasi
Solicitors for the Applicant :	Greg Walsh & CO

Solicitors for the Respondents: Commonwealth Director of

Public Prosecutions

Date of Hearing	27 July 1993
Date of Judgment	27 July 1993