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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
hanave pty ltd Applicant
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AND: |
lfot pty ltd (formerly known as JAGAR PROJECTS PTY LTD Respondent
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. Leave is given to the applicant to withdraw the concession made by it on 15 April 1997.
2. Liberty to apply
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
Applicant
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AND: |
lfot pty ltd (formerly known as JAGAR PROJECTS PTY LIMITED) Respondent
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JUDGES: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
I publish my reasons. [Written reasons were published.]
As to the liberty to apply can I just make it plain, and I think it is plain in any event from my reasons, that that is a liberty to apply on the basis that the respondents may wish to adduce further evidence, or indeed there may be other matters they want to raise, having regard to the leave that I have given.Whilst I do not say this in the reasons, leave should be exercised promptly if it is to be exercised.
In relation to the conduct of the matter more generally, may I just say I would like to secure from the applicant and the respondents a chronology probably to accompany the written submissions, and what I would also like is a chronological list of documents that are relied upon in the evidentiary case of the parties. In other words, I want a document that sets out all the documents that each party relies on. The applicant need prepare a chronology in relation to their documents and the respondents a chronology in relation to their documents, so that in due course I have a chronological list of the documents that are relied upon and a reference to where they are found, either in the bundle or in the exhibits. I say that because it has become apparent to me that it is going to be very difficult to find my way through the documents without such material.
I will not give a direction to that effect. If there is any uncertainty about what it is that I want, the parties may contact my associate and it will be put in writing.
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I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore |
Associate:
Dated: 11 November 1997
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Counsel for the Applicant: |
Mr G J McVay |
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Solicitor for the Applicant: |
Gilbert Mane Solicitors |
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Counsel for the Respondent: |
Mr C Hodgekiss |
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Solicitor for the Respondent: |
Hunt and Hunt |
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Date of Hearing: |
11 November 1997 |
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Date of Judgment: |
11 November 1997 |
