Australian Steel Company (Operations) Pty Ltd (ACN 069 426 955) v Steel Foundations Limited (ACN 064 933 599) [2003] FCA 1584

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

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Procedural Posture

Civil / Interlocutory Application Re Trial Preparation and Timetabling

  1. 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."]