Poulos, J. v. Unme Amusements P/L & Ors [1994] FCA 903

Poulos, J. v. Unme Amusements P/L & Ors [1994] FCA 903

The adjournment was granted because the respondents had only recently been served and should have an opportunity to respond to the applicant's affidavit material, and no irremediable damage appeared likely given the respondents' consent to interim preservation orders. No order was made requiring income or earnings from the tables and associated equipment to be placed in a trust account because the respondents had not yet had an opportunity to deal with the issues and the matter might involve a money claim.

Jurisdiction
Australia
Judgment Date
11 November 1994
Procedural Posture
Application for Interim Relief / Respondents' Application to Adjourn the Application for Interim Relief, With Interim Orders Pending the Adjourned Hearing
Outcome
Application for interim relief adjourned; interim preservation and inspection orders made; application for trust account order refused at this stage; affidavit directions made.
Legal Topics
['adjournment' 'interim Preservation Orders' 'access for Inspection' 'undertaking as to Damages' 'affidavit Directions' 'trust Account Proceeds']
['civil Procedure' 'interlocutory Relief'] ['adjournment' 'interim Preservation Orders' 'access for Inspection' 'undertaking as to Damages' 'affidavit Directions' 'trust Account Proceeds']

Case Brief

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Procedural Posture

Application for Interim Relief / Respondents' Application to Adjourn the Application for Interim Relief, With Interim Orders Pending the Adjourned Hearing

Legal Issues

  1. 1 ['Whether the respondents should be granted an adjournment of the application for interim relief.' 'What interim protective orders should be made pending the adjourned hearing.' 'Whether proceeds from the use of the billiard tables and associated equipment should be placed in a trust account before the adjourned hearing.' 'What directions should be made for filing and serving affidavits.']

Ratio Decidendi

The adjournment was granted because the respondents had only recently been served and should have an opportunity to respond to the applicant's affidavit material, and no irremediable damage appeared likely given the respondents' consent to interim preservation orders. No order was made requiring income or earnings from the tables and associated equipment to be placed in a trust account because the respondents had not yet had an opportunity to deal with the issues and the matter might involve a money claim.

Court Disposition

Application for interim relief adjourned; interim preservation and inspection orders made; application for trust account order refused at this stage; affidavit directions made.

Orders

  • ["The matter is adjourned until Monday, 21 November 1994 at 10.15 am in the duty judge's list." 'The respondents are subject to orders in the terms of paragraph 3 of the interim orders referred to in the application.' 'The respondents are subject to an order granting the applicant access to the premises of UNME...