789Ten Pty Limited & Anor v Westpac Banking Corporation Limited & Anor [2005] NSWSC 1161

789Ten Pty Limited & Anor v Westpac Banking Corporation Limited & Anor [2005] NSWSC 1161

The hearing dates are vacated because failures in discovery by the plaintiff have prejudiced the defendant's ability to prepare for trial, and adequate time is required for forensic investigation and pre-trial processes. The new hearing date is set for 26 June 2006. Costs are reserved for determination by the trial judge.

Jurisdiction
Australia
Judgment Date
10 November 2005
Procedural Posture
Commercial Proceedings / Interlocutory—application to Vacate Hearing Dates and Related Orders
Outcome
Hearing dates vacated; new hearing date fixed; stay order to endure until March 2006 unless extended.
Legal Topics
['breach of Banking Mandate' 'discovery' 'preparation for Trial' 'stay of Proceedings' 'costs']
['commercial Law' 'equity'] ['breach of Banking Mandate' 'discovery' 'preparation for Trial' 'stay of Proceedings' 'costs']

Case Brief

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Procedural Posture

Commercial Proceedings / Interlocutory—application to Vacate Hearing Dates and Related Orders

Legal Issues

  1. 1 ['Whether hearing dates should be vacated due to discovery delays and prejudice to defence preparation' 'Whether the stay order should remain in place pending High Court special leave application' 'Costs in relation to vacated hearing dates and interlocutory matters']

Ratio Decidendi

The hearing dates are vacated because failures in discovery by the plaintiff have prejudiced the defendant's ability to prepare for trial, and adequate time is required for forensic investigation and pre-trial processes. The new hearing date is set for 26 June 2006. Costs are reserved for determination by the trial judge.

Court Disposition

Hearing dates vacated; new hearing date fixed; stay order to endure until March 2006 unless extended.

Orders

  • ['Existing hearing dates are vacated.' 'Proceedings are fixed for hearing to commence on 26 June 2006 for four weeks.' 'Costs of and occasioned by the vacated hearing are reserved to the trial judge.' 'Stay order to continue until the last day of March 2006 unless earlier extended by the High Court of Australia.']