Connect TV Pty Ltd v All Rounder Investments Pty Ltd [2011] FCA 1049

Connect TV Pty Ltd v All Rounder Investments Pty Ltd [2011] FCA 1049

The adjournment application was refused because the medical evidence was less than persuasive, depended substantially on Ms Lurie's history, was undermined by evidence of her ordinary activities and inconsistencies, and did not establish that she was incapable of giving instructions to her legal advisers for the contempt hearing.

Jurisdiction
Australia
Judgment Date
05 September 2011
Procedural Posture
Adjournment Application in Contempt Proceedings Arising From Alleged Breaches of Interlocutory Injunctions in a Copyright Proceeding / Application by the Tenth Respondent for Adjournment of the Hearing of Contempt Charges
Outcome
The tenth respondent's application for adjournment was refused; procedural directions were made and costs of the adjournment application were ordered against the first, tenth and eighteenth respondents.
Legal Topics
['adjournment Application' 'contempt Charges' 'capacity to Instruct Legal Advisers' 'medical Evidence' 'interlocutory Injunctions']
['practice and Procedure' 'contempt of Court' 'copyright'] ['adjournment Application' 'contempt Charges' 'capacity to Instruct Legal Advisers' 'medical Evidence' 'interlocutory Injunctions']

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Procedural Posture

Adjournment Application in Contempt Proceedings Arising From Alleged Breaches of Interlocutory Injunctions in a Copyright Proceeding / Application by the Tenth Respondent for Adjournment of the Hearing of Contempt Charges

Legal Issues

  1. 1 ["Whether the hearing of contempt charges should be adjourned for three to six months because of Ms Leonora Lurie's alleged ill health." 'Whether the evidence established that Ms Lurie was incapable of giving instructions to her legal advisers in relation to the contempt hearing.']

Ratio Decidendi

The adjournment application was refused because the medical evidence was less than persuasive, depended substantially on Ms Lurie's history, was undermined by evidence of her ordinary activities and inconsistencies, and did not establish that she was incapable of giving instructions to her legal advisers for the contempt hearing.

Court Disposition

The tenth respondent's application for adjournment was refused; procedural directions were made and costs of the adjournment application were ordered against the first, tenth and eighteenth respondents.

Orders

  • ["The tenth respondent's application for adjournment of the hearing of contempt charges be refused." 'The respondents file and serve any evidence on which they intend to rely at the hearing on or before 11 November 2011.' 'The applicant file and serve any evidence in reply on or before 14 December 2011.' 'The...