Australian Access Capital Company Pty Ltd v Orio Mortgage Finance Company Pty Ltd [2016] FCA 534

Australian Access Capital Company Pty Ltd v Orio Mortgage Finance Company Pty Ltd [2016] FCA 534

The respondents had a lengthy history of delay and non-compliance, had repeatedly failed to provide a properly particularised Defence, and failed to file either an Amended Defence or supporting affidavit by 6 May 2016 as required by the conditional stay made on 8 April 2016. The medical material did not explain the failure to prepare those materials over the four weeks allowed, and the stay lifted by operation of the orders. The Court had no confidence that the respondents would defend the proceeding or prosecute the set-aside application in a timely way, so the interlocutory application was dismissed.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Commercial and Corporations Proceeding / Respondents' Interlocutory Application to Set Aside Judgments and Orders, and Application to Adjourn That Application, After Default Judgment and Assessment of Damages
Outcome
The respondents' interlocutory application dated 15 April 2016 was dismissed, the respondents were ordered to pay the applicants' costs thrown away fixed at $8,905, and redaction and suppression orders were made for parts of the reasons relating to medical conditions suffered by the Third Respondent.
Legal Topics
['failure to Meet Time Limits in Self Executing Order' 'failure to Meet Time Limits in Stay of Judgments and Orders' 'adjournment' 'default Judgment' 'set Aside Judgment' 'costs' 'suppression and Redaction']
['practice and Procedure' 'civil Procedure' 'commercial and Corporations'] ['failure to Meet Time Limits in Self Executing Order' 'failure to Meet Time Limits in Stay of Judgments and Orders' 'adjournment' 'default Judgment' 'set Aside Judgment' 'costs' 'suppression and Redaction']

Case Brief

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Procedural Posture

Commercial and Corporations Proceeding / Respondents' Interlocutory Application to Set Aside Judgments and Orders, and Application to Adjourn That Application, After Default Judgment and Assessment of Damages

Legal Issues

  1. 1 ["Whether the respondents' application to set aside the judgments and orders should be adjourned because of the Third Respondent's medical condition and inability to attend Court." "Whether the respondents' failure to file an Amended Defence or affidavit in support by the time required meant the stay of the judgments and orders lifted by operation of the orders of 8 April 2016." "Whether, in light of repeated failures to comply with Court orders and to articulate a proper Defence, the respondents' interlocutory application to set aside the judgments and orders should be dismissed."]

Ratio Decidendi

The respondents had a lengthy history of delay and non-compliance, had repeatedly failed to provide a properly particularised Defence, and failed to file either an Amended Defence or supporting affidavit by 6 May 2016 as required by the conditional stay made on 8 April 2016. The medical material did not explain the failure to prepare those materials over the four weeks allowed, and the stay lifted by operation of the orders. The Court had no confidence that the respondents would defend the proceeding or prosecute the set-aside application in a timely way, so the interlocutory application was dismissed.

Court Disposition

The respondents' interlocutory application dated 15 April 2016 was dismissed, the respondents were ordered to pay the applicants' costs thrown away fixed at $8,905, and redaction and suppression orders were made for parts of the reasons relating to medical conditions suffered by the Third Respondent.

Orders

  • ["The Respondents' interlocutory application dated 15 April 2016 is dismissed." "The Respondents pay the Applicants' costs thrown away of the interlocutory application to set aside judgment, including the costs of today, fixed in the sum of $8,905." 'Parts of paragraphs 14, 16 and 20 of the reasons for judgment...