Brisbane Marine Pilots Pty Ltd v State of Queensland [1992] QSC 130

( \. '' ( ( ! TRANSCRIPT OF PROCEEDINGS •) •) State Reporting Bureau, 4th Floor, The Law Courts. George Street. BRISBANE. 0. 4000 Tel. (07) 2'n .4360 (Copyript in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director. State Reporting Bwuu.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION WILLIAMS J No 392 of 1992 BRISBANE MARINE PILOTS PTY LTD and STATE OF QUEENSLAND BRISBANE .. DATE 1/4/92 JUDGMENT REVISED COPIES ISSUED Stc:te Reporting Bureau ._D...;..a.;....te....;·&-;c.,.. .;.../~ 4.:-1 _g__~2~~. ~ Plaintiff Defendant ·• • .. , •. ,,,,. •• .•. ,.. • ~· •• ·• '~' r-••··•• .. ,,_,......,.,.,,. .. ,..,,...,_,,.,..., ... ,.,. . .,._~- ,.,,,..,. .. ' 1 -- 1 of 4 -- ( 10 010492 JUDGMENT HIS HONOUR: I have prepared reasons for judgment, which I publish. Perhaps it is best if· I put it this way at this stage, gentlemen. I propose to extend the injunction grant.ed on the interim basis until the trial of the judgment action or further earlier order~ That would be, of course, on the basis that the plaintiff gives the usual undertaking as to damages. Perhaps if you look at p 19 and the last page of the :.;'- 1 " 10 20 reasons. I then say, it would either be on the basis of an undertaking, the parties agreeing with respect to future remtineiation. I have in mind there the 62 pei cent g6ing to 2001 30 40 the plaintiff and the 9.5 per cent being held on trust, but if there is no agreement as to an undertaking along those lines, then I will devise a formal order which would give effect to that. I also indicate that I certify for a speedy trial and make such directions that may be necessary in order to.facilitate that. I am prepared to give you time, if necessary, gentlemen, to see whether an undertaking can be worked out in relation to the future remuneration during the period of the interlocutory injunction or whether you want me to formally devise the terms of an order to_give effect to 30 40 50 that. 50 MR GOTTERSON: Your Honour, might we hand up for your consideration a draft order. The p~~tiej~heard.your remarks following the hearing last time. This grant orderaccommodates, by way of an undertaking, those two matters to which you have referred. It also provides for directionsand a speedy trial .. Your Honoui may~ of course, see ways in60 which h 60 Govt. Printer, Old. 2 ----~~- . ---- ~------- 0 0 0 -- 2 of 4 -- ( 10 20 ( ,p10492 JUDGMENT particularly we draw your attention to. HIS HONOUR: On a quick reading .. of it, it seems satisfactoryto me to reflect the intention as disclosed by my reasons. Do you want to say anything, Mr Martin? MR MARTIN: These matters have been considered, Your Honour, and we would be prepared for those orders to be made by consent - those directions. HIS HONOUR: It is probably best if nothing is formally said to be by consent. I know what you mean by using that expression. MR MARTIN: Can I say, that the directions and the orders set out there are satisfactory. HIS HONOUR: I will in a moment formally make orders in terms of that draft which I have initialled. Might I just make a number of statements first. I will not be the trial Judge in this action. The resources available to the Court ( at the present time means that the sort of management 30 / \ ' 40 50 60 previously accorded to cases on the commercial causes list will not be able to be maintained in the immediate future. In consequence even if a matter is on the commercial causes list, ordinarily any case management review or interlocutory applications would go to the C~~hamber J.udge for the time being, but· I am prepared,with a view to ensuring that this matter is ready for trial as soon as possible arid :o.b_t-.a:.ins a - ·"" . . . . - trial date as speedily as possible,~o exercise case management over the action if the parties are agreeable ther·eto. That will mean that any interlocutory application may be brought before me by arrangement made through my associate and I will hear the matter between nine and ten in·the I moYl.Ting ~ so~tha± ,it doesn, t interfere with my normal Court responsibilities. Th~~ way there can_be continuity of control over the management of.the action, as I say, to ensure that it is ready for trial as speedily as possible. Govt. Printer, Old. 3 10 20 30 40 50 60 -- 3 of 4 -- ( 010492 JUDGMENT- As an adjunct to that,. I would also make myself available to preside over any pre-trial settlement conference or anything of that nature if the parties request that I do so. At this 10 stage, of course, it is dependent upon the parties agreeing 10 and asking that I preside over any such conference before I am in a position to do so. I can't force myself upon you~ As.. · .. I.: say,-: I am prepared to make myself available to deal with case management prior to trial and, secondly, to 20 preside over any settlement negotiations that I may be requested to do. I make those remarks in open Court. They will have been transcribed. · I think, gentlemen, they ought 20 0 to be communicated to your respective clients so that the parties themselves know what the Court is prepared to do so 3 o far as this litigation is concerned. 30 I have published my reasons. In the light of those reasons, a draft order has been submitted which conforms to the orders that I intimated in those reasons I was prepared to 0 40 .make. 40 0:The formal order I make is order as per initialled draft. -----· '. ····-·.~ ...... ·- t 50 ____ _£60~+-----------------------------------------------------~------------~ 60 Govt. Printer, Qld. 4 -- 4 of 4 --