Spalla v St George Motor Finance Ltd (No 7) [2006] FCA 1671

Spalla v St George Motor Finance Ltd (No 7) [2006] FCA 1671

The adjournment was refused because, although the applicant faced difficulty, it was not impossible to proceed. The prejudice to respondents from further delay outweighed the applicant's difficulties.

Parties
First Applicant: Anthony Patrick Spalla; Second Applicant: Andrew David Bentley Still; Third Applicant: IRLMOND Pty Ltd (Receiver & Managers) (ACN 066 314 870); First Respondent: St George Motor Finance Ltd (ACN 007 656 555); Second Respondent: St George Wholesale Finance Pty Ltd (ACN 001 834 886); Third Respondent: Andrew William Beck; Fourth Respondent: Andrew Stewart Home; Fifth Respondent: Deloitte Touche Tohmatsu Ltd (ACN 092 223 240); Sixth Respondent: Australian Securities & Investments Commission; Seventh Respondent: Simon Wallace Smith; Eighth Respondent: St George Motor Wholesale Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Ruling on Interlocutory Application / Application to Vacate Trial Dates (adjournment)
Outcome
Motion to vacate trial dates dismissed with costs.
Legal Topics
Adjournment, Trial, Late Production of Documents, New Legal Representation, Prejudice to Respondents
Practice and Procedure Adjournment Trial Late Production of Documents New Legal Representation Prejudice to Respondents

Case Brief

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Parties

Anthony Patrick Spalla

First Applicant

Andrew David Bentley Still

Second Applicant

IRLMOND Pty Ltd (Receiver & Managers) (ACN 066 314 870)

Third Applicant

St George Motor Finance Ltd (ACN 007 656 555)

First Respondent

St George Wholesale Finance Pty Ltd (ACN 001 834 886)

Second Respondent

Andrew William Beck

Third Respondent

Andrew Stewart Home

Fourth Respondent

Deloitte Touche Tohmatsu Ltd (ACN 092 223 240)

Fifth Respondent

Australian Securities & Investments Commission

Sixth Respondent

Simon Wallace Smith

Seventh Respondent

St George Motor Wholesale Pty Ltd

Eighth Respondent

Procedural Posture

Ruling on Interlocutory Application / Application to Vacate Trial Dates (adjournment)

Legal Issues

  1. 1 Whether the trial should be adjourned due to late production of documents under subpoena and recent engagement of new legal representation by the applicant

Ratio Decidendi

The adjournment was refused because, although the applicant faced difficulty, it was not impossible to proceed. The prejudice to respondents from further delay outweighed the applicant's difficulties.

Court Disposition

Motion to vacate trial dates dismissed with costs.

Orders

  • The motion filed 24 November 2006 is dismissed.
  • The First and Second Applicants pay the costs of the motion.