In the matter of LSW Group Pty Ltd; In the matter of ACN 092 138 442 Pty Limited (in liquidation) [2015] NSWSC 1433

In the matter of LSW Group Pty Ltd; In the matter of ACN 092 138 442 Pty Limited (in liquidation) [2015] NSWSC 1433

The hearing should be vacated as no prejudice would be suffered by the plaintiffs from an adjournment, the defendants face substantive prejudice from proceeding unprepared, and there is some explanation, though not compelling, for their position; thus, less injustice will be risked by granting the application.

Jurisdiction
Australia
Judgment Date
08 May 2015
Procedural Posture
Interlocutory Application in Equitable/corporations Proceedings / Application to Vacate Hearing Close to Substantive Trial
Outcome
Application to vacate hearing granted.
Legal Topics
['adjournment of Hearing' 'balance of Prejudice' 'voidable Transactions' 'unpreparedness of Defendants']
['procedure' 'corporations'] ['adjournment of Hearing' 'balance of Prejudice' 'voidable Transactions' 'unpreparedness of Defendants']

Case Brief

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Procedural Posture

Interlocutory Application in Equitable/corporations Proceedings / Application to Vacate Hearing Close to Substantive Trial

Legal Issues

  1. 1 ['Whether the hearing of the substantive proceedings should be vacated on application by defendants close to trial' 'Whether the defendants are the authors of their own prejudice by being unprepared' 'Whether the balance of prejudice favours granting the adjournment']

Ratio Decidendi

The hearing should be vacated as no prejudice would be suffered by the plaintiffs from an adjournment, the defendants face substantive prejudice from proceeding unprepared, and there is some explanation, though not compelling, for their position; thus, less injustice will be risked by granting the application.

Court Disposition

Application to vacate hearing granted.

Orders

  • ['The hearing set down for 12-15 and 19 and 21 May 2015 in these proceedings be vacated.' "The defendants pay the plaintiffs' costs of this application and occasioned by the vacation of the hearing on the indemnity basis." 'The proceedings be fixed for hearing on 8 September 2015.' "Liberty to apply by arrangement...