Rigail Universal Loaders Pty Ltd v Cross Hydraulics Pty Ltd & Anor [1988] FCA 347

Rigail Universal Loaders Pty Ltd v Cross Hydraulics Pty Ltd & Anor [1988] FCA 347

The application for partial final relief should not be granted in the absence of clear notice to the first respondent; instead, the application is adjourned so that the question of interest or ownership in the machines can be determined on proper notice.

Jurisdiction
Australia
Judgment Date
28 June 1988
Procedural Posture
Notice of Motion for Interlocutory Relief / Interlocutory Application; Ex Tempore Reasons and Orders Given
Outcome
Application for the delivery order adjourned to a date to be fixed on application to the Registrar.
Legal Topics
['interlocutory Relief' 'costs' 'possession of Goods' 'procedural Fairness']
['civil Procedure'] ['interlocutory Relief' 'costs' 'possession of Goods' 'procedural Fairness']

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Procedural Posture

Notice of Motion for Interlocutory Relief / Interlocutory Application; Ex Tempore Reasons and Orders Given

Legal Issues

  1. 1 ['Whether machines in possession of the first respondent should be delivered to the receiver of the second respondent on an interlocutory basis' 'Whether the first respondent has an interest (including a security interest) in the machines' 'Whether the application should be determined finally at this interlocutory stage without clear notice']

Ratio Decidendi

The application for partial final relief should not be granted in the absence of clear notice to the first respondent; instead, the application is adjourned so that the question of interest or ownership in the machines can be determined on proper notice.

Court Disposition

Application for the delivery order adjourned to a date to be fixed on application to the Registrar.

Orders

  • ['The application for an order that certain machines in the possession of the first respondent be delivered to the receiver of the second respondent is adjourned to a date to be fixed on application to the Registrar.' "No order as to the second respondent's costs." "The first respondent's costs are its costs in the...