Palmer v State of Western Australia [2020] FCA 962

Palmer v State of Western Australia [2020] FCA 962

The adjournment was warranted due to the unavailability of a key respondent expert engaged in critical national work, unfairness to the respondents in not being able to confer experts or respond to new evidence, and logistical difficulties regarding the scheduled witnesses. The potential detriment to the applicants from delay was outweighed by the broader public impact and procedural fairness.

Parties
First Applicant: Clive Frederick Palmer; Second Applicant: Mineralogy Pty Ltd (ACN 010 582 680); First Respondent: State of Western Australia; Second Respondent: Christopher John Dawson
Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Application for Adjournment / Interlocutory (adjournment of Trial Dates)
Outcome
Adjournment granted
Legal Topics
Adjournment of Hearing, Expedited Hearing, COVID 19 Related Practice, Section 92 of the Constitution
Practice and Procedure Administrative Law Constitutional Law Adjournment of Hearing Expedited Hearing COVID 19 Related Practice Section 92 of the Constitution

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Parties

Clive Frederick Palmer

First Applicant

Mineralogy Pty Ltd (ACN 010 582 680)

Second Applicant

State of Western Australia

First Respondent

Christopher John Dawson

Second Respondent

Procedural Posture

Application for Adjournment / Interlocutory (adjournment of Trial Dates)

Legal Issues

  1. 1 Whether an adjournment of the hearing should be granted due to unavailability of a key expert witness
  2. 2 Whether fairness to the parties and public interests warrant delaying an expedited hearing

Ratio Decidendi

The adjournment was warranted due to the unavailability of a key respondent expert engaged in critical national work, unfairness to the respondents in not being able to confer experts or respond to new evidence, and logistical difficulties regarding the scheduled witnesses. The potential detriment to the applicants from delay was outweighed by the broader public impact and procedural fairness.

Court Disposition

Adjournment granted

Orders

  • Trial dates of 13 and 14 July 2020 vacated; trial re-listed for 27, 28 and 30 July 2020 in Sydney Registry.
  • Expert witnesses Associate Professor Kamalini Lokuge and Professor Tony Blakely permitted to give evidence by video-link.