Aucare Dairy (Aust) Pty Ltd v Huang (No 2) [2018] FCA 1428

Aucare Dairy (Aust) Pty Ltd v Huang (No 2) [2018] FCA 1428

The application for adjournment was refused on the basis that the evidence of likelihood of obtaining funding and legal representation was insufficient and did not justify delaying the trial at the prejudice of other litigants and the administration of justice.

Parties
First Applicant: Aucare Dairy (Aust) Pty Ltd; Second Applicant: Yanfeng Bai; First Respondent: Yunling Huang; Second Respondent: Zhixin Guo; Third Respondent: Great Vision Australia Pty Ltd (ACN 160 577 033); Fourth Respondent: Noyier Dairy Australia Pty Ltd (ACN 166 299 216); Fifth Respondent: CFM Associates Pty Ltd (ACN 601 042 595); Sixth Respondent: Australia Green Dairy Pty Ltd (ACN 166 457 754); Seventh Respondent: Nutritional Choice Australia Pty Ltd (ACN 601 137 053); Eighth Respondent: Qiong Huang; Ninth Respondent: Macpherson + Kelley Lawyers Pty Ltd; Tenth Respondent: Grant Guenther
Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Interlocutory Application (application for Adjournment) / Ruling on Application for Adjournment Before Trial
Outcome
Application for adjournment dismissed.
Legal Topics
Adjournment of Trial, Legal Representation, Funding for Litigation, Prejudice to Parties, Court's Discretion
Practice and Procedure Adjournment of Trial Legal Representation Funding for Litigation Prejudice to Parties Court's Discretion

Case Brief

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Parties

Aucare Dairy (Aust) Pty Ltd

First Applicant

Yanfeng Bai

Second Applicant

Yunling Huang

First Respondent

Zhixin Guo

Second Respondent

Great Vision Australia Pty Ltd (ACN 160 577 033)

Third Respondent

Noyier Dairy Australia Pty Ltd (ACN 166 299 216)

Fourth Respondent

CFM Associates Pty Ltd (ACN 601 042 595)

Fifth Respondent

Australia Green Dairy Pty Ltd (ACN 166 457 754)

Sixth Respondent

Nutritional Choice Australia Pty Ltd (ACN 601 137 053)

Seventh Respondent

Qiong Huang

Eighth Respondent

Macpherson + Kelley Lawyers Pty Ltd

Ninth Respondent

Grant Guenther

Tenth Respondent

Procedural Posture

Interlocutory Application (application for Adjournment) / Ruling on Application for Adjournment Before Trial

Legal Issues

  1. 1 Whether the trial should be adjourned to allow the first respondent to obtain legal representation and funding
  2. 2 Whether adequate evidence of likely funding and legal representation has been provided
  3. 3 Whether the balance of prejudice favours adjournment or proceeding

Ratio Decidendi

The application for adjournment was refused on the basis that the evidence of likelihood of obtaining funding and legal representation was insufficient and did not justify delaying the trial at the prejudice of other litigants and the administration of justice.

Court Disposition

Application for adjournment dismissed.

Orders

  • The application for adjournment dated 3 September 2018 be dismissed.
  • Costs be reserved.