Arlone Pty Ltd & Ors v Teller Properties Pty Ltd & Ors [1995] FCA 32

Arlone Pty Ltd & Ors v Teller Properties Pty Ltd & Ors [1995] FCA 32

The motion for discontinuance should be adjourned to the trial as the respondents have not had adequate time to consider consequences of the amended pleadings and there is insufficient basis for separate hearings of cross-claims; the issue of costs will be reserved for determination at trial.

Parties
Applicants: ARLONE PTY LIMITED & ORS; Respondents: TELLER PROPERTIES PTY LIMITED & ORS; First Respondent: First respondent; Second Respondent: Second respondent; Third Respondent: Third respondent; Fourth Respondent: Fourth respondent
Jurisdiction
Australia
Judgment Date
07 February 1995
Procedural Posture
General Civil / Interlocutory Hearing
Outcome
Motion for discontinuance adjourned to trial; costs reserved.
Legal Topics
Discontinuance, Cross Claims, Separate Hearings
Civil Procedure Discontinuance Cross Claims Separate Hearings

Case Brief

Summary, issues, holding and outcome

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Parties

ARLONE PTY LIMITED & ORS

Applicants

TELLER PROPERTIES PTY LIMITED & ORS

Respondents

First respondent

First Respondent

Second respondent

Second Respondent

Third respondent

Third Respondent

Fourth respondent

Fourth Respondent

Procedural Posture

General Civil / Interlocutory Hearing

Legal Issues

  1. 1 Whether leave should be granted to discontinue against the third respondent
  2. 2 Whether cross-claims should be heard separately from the main claims
  3. 3 Whether terms should be imposed on the motion for discontinuance

Ratio Decidendi

The motion for discontinuance should be adjourned to the trial as the respondents have not had adequate time to consider consequences of the amended pleadings and there is insufficient basis for separate hearings of cross-claims; the issue of costs will be reserved for determination at trial.

Court Disposition

Motion for discontinuance adjourned to trial; costs reserved.

Orders

  • Motion for discontinuance adjourned to trial on Monday.
  • Issue of costs reserved to trial.