HWY Rent Pty Ltd v HWY Rentals Pty Ltd (in liq) [2014] FCA 65

HWY Rent Pty Ltd v HWY Rentals Pty Ltd (in liq) [2014] FCA 65

It was appropriate to bring forward the hearing date for the extension of time application, and adjust the timetable accordingly, in order to facilitate a timely listing before the Full Court should the application be successful, and because sufficient notice of the directions hearing was given to the applicants in accordance with prior orders.

Parties
First Applicant: HWY Rent Pty Ltd (ACN 148 031 270); Second Applicant: Russell Alan Jarvie; Third Applicant: Patricia Anne Jarvie; First Respondent: HWY Rentals Pty Ltd (in liquidation) ACN 109 796 901; Second Respondent: Michael John Smith in his capacity as liquidator of HWY Rentals Pty Ltd (in liquidation) ACN 109 796 901
Jurisdiction
Australia
Judgment Date
07 February 2014
Procedural Posture
Application for Extension of Time to Appeal / Directions Hearing; Orders Adjusting Timetable Made in Absence of Applicants
Outcome
Orders for adjusted timetable and earlier hearing date made; prior hearing date vacated; application for extension of time to be heard on new date.
Legal Topics
Directions, Alteration of Court Timetable, Absence of Party, Service of Documents
Practice and Procedure Directions Alteration of Court Timetable Absence of Party Service of Documents

Case Brief

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Parties

HWY Rent Pty Ltd (ACN 148 031 270)

First Applicant

Russell Alan Jarvie

Second Applicant

Patricia Anne Jarvie

Third Applicant

HWY Rentals Pty Ltd (in liquidation) ACN 109 796 901

First Respondent

Michael John Smith in his capacity as liquidator of HWY Rentals Pty Ltd (in liquidation) ACN 109 796 901

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Directions Hearing; Orders Adjusting Timetable Made in Absence of Applicants

Legal Issues

  1. 1 Whether it is appropriate to alter the timetable and list the application for extension of time for earlier hearing in the absence of the applicants.
  2. 2 Whether proper notice was given to the applicants of the directions hearing.

Ratio Decidendi

It was appropriate to bring forward the hearing date for the extension of time application, and adjust the timetable accordingly, in order to facilitate a timely listing before the Full Court should the application be successful, and because sufficient notice of the directions hearing was given to the applicants in accordance with prior orders.

Court Disposition

Orders for adjusted timetable and earlier hearing date made; prior hearing date vacated; application for extension of time to be heard on new date.

Orders

  • Applicants to file and serve further evidence, further submissions, and amended proposed notice of appeal by 4.00 PM on 26 February 2014.
  • Respondents and the Deputy Commissioner of Taxation (subject to further order) to file and serve evidence and submissions by 4.00 PM on 7 March 2014.