Timeout Magazine Ltd v John Fairfax Publications Pty Ltd [1998] FCA 1359 (21 October 1998)

Last Updated: 3 November 1998

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 882 OF 1997 and NG 1129 OF 1997

BETWEEN:	TIMEOUT MAGAZINE LIMITED Applicant
AND:	JOHN FAIRFAX PUBLICATIONS PTY LIMITED Respondent

JUDGE:	TAMBERLIN J
DATE:	21 October 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Ex-Tempore Judgment

In this matter, I am not satisfied that the matter is ready for hearing. I think there are a considerable number of outstanding matters to be attended to and that it would be unfair to require the matter to proceed on the three days fixed next week. The material set out in the three most recent affidavits filed on behalf of the applicant contains a great number of assertions which, it seems to me, the respondent is entitled to test with the benefit of documentation rather than being deprived of that benefit.

Furthermore, I am informed that the matter is unlikely to finish within the three days which have been set for the hearing and, accordingly, I think the appropriate course is to vacate the hearing dates. At this stage, I will not make any decision in relation to the orders for discovery. No specific notice of motion has been put on in relation to the categories of documents set out in a letter from Freehill Hollingdale & Page to Griffith Hack. Accordingly, I think the appropriate course would be for a proper notice of motion to be taken out and for that matter to be considered at an appropriate time.

There are references in the most recent affidavits filed by the applicant about inter-company structures of a complex and changing kind and these matters are said to go to the heart of the defence of the respondent. Because of their inherent importance and the further discovery of a large number of documents at a very late stage in the proceedings, I think the appropriate course is to vacate the hearing dates presently fixed and to list the matter for hearing on a date to be fixed by arrangement with my associate. As to the claim for further discovery in relation to particular categories, I will stand that matter over until a notice of motion has been filed. In relation to the costs, I think it is appropriate that the costs of the vacation of the hearing dates should be reserved.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin

Associate:

Dated: 21 October 1998

Counsel for the Applicant:	Mr R Cobden
Solicitor for the Applicant:	Griffith Hack
Counsel for the Respondent:	S A Archer QC
	S C Dowling
Solicitor for the Respondent:	Freehill, Hollingdale & Page
Date of Hearing:	21 October 1998
Date of Judgment:	21 October 1998