Australian Steel Company (Operations) Pty Ltd (ACN 069 426 955) v Steel Foundations Limited (ACN 064 933 599) [2003] FCA 1584
There is no convincing basis to vacate the trial dates or vary prior orders; applicant’s inconvenience does not justify altering established directions. The standard approach to expert evidence and trial procedure remains appropriate. Applicant to pay respondents’ costs of the day.
- Jurisdiction
- Australia
- Judgment Date
- 11 December 2003
- Procedural Posture
- Civil / Interlocutory Application Re Trial Preparation and Timetabling
- Outcome
- Interlocutory applications dismissed; costs awarded to respondents.
- Legal Topics
- ['interlocutory Application' 'trial Preparation' 'timetabling' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Interlocutory Application Re Trial Preparation and Timetabling
Legal Issues
- 1 ["Whether the trial dates should be vacated due to applicant's preparation difficulties" 'Whether order for delivery of witness statements should be varied to allow applicant’s experts to see lay evidence first' 'Whether costs should be awarded']
Ratio Decidendi
There is no convincing basis to vacate the trial dates or vary prior orders; applicant’s inconvenience does not justify altering established directions. The standard approach to expert evidence and trial procedure remains appropriate. Applicant to pay respondents’ costs of the day.
Court Disposition
Interlocutory applications dismissed; costs awarded to respondents.
Orders
- ['The motion, notice of which was filed on 1 December 2003, be dismissed.' "The applicant pay the respondents' costs of today."]
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