AMI Australia Holdings Pty Ltd v Bade Medical Institute (Aust) Pty Ltd [2008] FCA 1783

AMI Australia Holdings Pty Ltd v Bade Medical Institute (Aust) Pty Ltd [2008] FCA 1783

The evidence presented did not establish a sufficient basis—medical or otherwise—for vacating the hearing dates, particularly where applications for legal assistance were made late and the hearing dates were set with the applicant's agreement.

Parties
First Applicant: AMI Australia Holdings Pty Limited; Second Applicant: Advanced Medical Institute Pty Limited; First Respondent: Bade Medical Institute (Aust) Pty Limited; Second Respondent: World Wide Internet Services (Aust) Pty Limited; Third Respondent: Buddy Paul Beaini; Fourth Respondent: David John Wade; Fifth Respondent: Georgina Wade
Jurisdiction
Australia
Judgment Date
26 November 2008
Procedural Posture
Notice of Motion (adjournment Application) in Ongoing Proceeding / Interlocutory Application; Determination Before Final Hearing
Outcome
Application for adjournment dismissed; adverse costs order against applicant (Fourth Respondent) as to First Applicant's costs; no costs order as to Third Respondent.
Legal Topics
Adjournment of Hearing, Application for Leave Due to Medical Condition and Legal Assistance
Practice and Procedure Adjournment of Hearing Application for Leave Due to Medical Condition and Legal Assistance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

AMI Australia Holdings Pty Limited

First Applicant

Advanced Medical Institute Pty Limited

Second Applicant

Bade Medical Institute (Aust) Pty Limited

First Respondent

World Wide Internet Services (Aust) Pty Limited

Second Respondent

Buddy Paul Beaini

Third Respondent

David John Wade

Fourth Respondent

Georgina Wade

Fifth Respondent

Procedural Posture

Notice of Motion (adjournment Application) in Ongoing Proceeding / Interlocutory Application; Determination Before Final Hearing

Legal Issues

  1. 1 Whether the applicant's claimed medical condition justifies adjournment of hearing dates
  2. 2 Whether the applicant's pending application for legal assistance justifies adjournment

Ratio Decidendi

The evidence presented did not establish a sufficient basis—medical or otherwise—for vacating the hearing dates, particularly where applications for legal assistance were made late and the hearing dates were set with the applicant's agreement.

Court Disposition

Application for adjournment dismissed; adverse costs order against applicant (Fourth Respondent) as to First Applicant's costs; no costs order as to Third Respondent.

Orders

  • The Notice of Motion as filed on 30 September 2008 is dismissed.
  • The Applicant on the Motion, the Fourth Respondent in the principal proceeding, is to pay the costs of the First Applicant in the principal proceeding of and incidental to the hearing of the Motion.