CT Money Pty Ltd v AFIG Wholesale Pty Ltd [2009] NSWSC 997

CT Money Pty Ltd v AFIG Wholesale Pty Ltd [2009] NSWSC 997

The matter was stood over and the hearing vacated to allow CT Money Pty Ltd the opportunity to respond to AFIG’s submissions and consider its position, due to new information about potential further claims and DC Corporation Australia Pty Ltd’s changed attitude toward costs.

Jurisdiction
Australia
Judgment Date
22 September 2009
Procedural Posture
Equity Proceedings / Adjournment of Hearing for Costs; Interlocutory Ruling
Outcome
Hearing vacated; matter stood over before Registrar; costs reserved.
Legal Topics
['adjournments' 'costs' 'cross Claims']
['procedure'] ['adjournments' 'costs' 'cross Claims']

Case Brief

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Procedural Posture

Equity Proceedings / Adjournment of Hearing for Costs; Interlocutory Ruling

Legal Issues

  1. 1 ['Whether hearing regarding costs should proceed or be adjourned' 'Implications of late written submissions and developments regarding further claims' 'Potential for reconstitution of the first cross-claim and joining DC’s insurer' "Entitlement of CT Money Pty Ltd to explore potential claim against DC's insurer"]

Ratio Decidendi

The matter was stood over and the hearing vacated to allow CT Money Pty Ltd the opportunity to respond to AFIG’s submissions and consider its position, due to new information about potential further claims and DC Corporation Australia Pty Ltd’s changed attitude toward costs.

Court Disposition

Hearing vacated; matter stood over before Registrar; costs reserved.

Orders

  • ['Hearing before Gzell J on 22 September 2009 vacated.' 'Matter stood over before Registrar at 9.15 am on 22 March 2010.' "Liberty to apply to Registrar on 48 hours' notice." 'Costs of today reserved.']