Commonwealth Bank v Goater [2017] NSWSC 557

Commonwealth Bank v Goater [2017] NSWSC 557

The application to vacate the hearing dates was dismissed because the Bank’s further offer to pay additional costs sufficiently addressed the real risk of stultifying the Goaters’ defence; the unresolved discovery issues were found not to warrant vacating the dates, and the inconvenience to the court and parties justified proceeding as listed.

Parties
Plaintiff/first Cross Defendant: Commonwealth Bank of Australia; First Defendant/cross Claimant: Shirley Ann Goater; Second Defendant/cross Claimant: Terence Claude Goater; Second Cross Defendant: Moree Plains Shire Counsel
Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Application to Vacate Hearing Dates in Proceedings for Possession / Interlocutory (application to Vacate Hearing Dates)
Outcome
Application to vacate hearing dates dismissed; costs reserved to the trial judge.
Legal Topics
Application to Vacate Hearing Dates, Proceedings for Possession, Discovery, Costs
Civil Procedure Application to Vacate Hearing Dates Proceedings for Possession Discovery Costs

Case Brief

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Parties

Commonwealth Bank of Australia

Plaintiff/first Cross Defendant

Shirley Ann Goater

First Defendant/cross Claimant

Terence Claude Goater

Second Defendant/cross Claimant

Moree Plains Shire Counsel

Second Cross Defendant

Procedural Posture

Application to Vacate Hearing Dates in Proceedings for Possession / Interlocutory (application to Vacate Hearing Dates)

Legal Issues

  1. 1 Whether hearing dates should be vacated due to unresolved costs payable by the Bank to the Goaters and alleged discovery issues.

Ratio Decidendi

The application to vacate the hearing dates was dismissed because the Bank’s further offer to pay additional costs sufficiently addressed the real risk of stultifying the Goaters’ defence; the unresolved discovery issues were found not to warrant vacating the dates, and the inconvenience to the court and parties justified proceeding as listed.

Court Disposition

Application to vacate hearing dates dismissed; costs reserved to the trial judge.

Orders

  • Application to vacate hearing dates dismissed.
  • Costs of the application reserved to the trial judge.