New Guinea Australia Line Pty Ltd v Board of Trustees of Papua New Guinea National Museum & Art Gallery [2008] FCA 1942

Because the third and fourth defendants indicated they had given up attempts to secure compliance with the undertaking, the Court stood the matter out of the list while preserving their liberty to apply on seven days' notice.

Jurisdiction: Australia
Judgment Date: 19 December 2008
Procedural Posture: Federal Court Proceeding Concerning Storage Charges and Release of Goods / Orders Made After Prior Undertakings and Costs Orders; Matter Stood Out of the List
Outcome: Matter stood out of the list; third and fourth defendants granted liberty to apply on seven days' notice.
Legal Topics: ['undertakings to the Court' 'storage Charges' 'costs' 'release of Goods' 'liberty to Apply']

['civil Procedure'] ['undertakings to the Court' 'storage Charges' 'costs' 'release of Goods' 'liberty to Apply']

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Procedural Posture

Federal Court Proceeding Concerning Storage Charges and Release of Goods / Orders Made After Prior Undertakings and Costs Orders; Matter Stood Out of the List

Legal Issues

1 ["Whether further steps should be taken in light of the Independent State of Papua New Guinea's failure to honour its undertaking to pay storage charges incurred by the plaintiff carriers." 'Whether the matter should remain in the list after the third and fourth defendants indicated they had given up attempts to secure compliance with the undertaking.']

Ratio Decidendi

Court Disposition

Matter stood out of the list; third and fourth defendants granted liberty to apply on seven days' notice.

Orders

['The matter stand out of the list.' "The third and fourth defendants have liberty to apply on seven days' notice."]