Nclue Investments Pty Limited & Anor v G3 Communications Pty Limited & Anor [2002] NSWIRComm 90

Nclue Investments Pty Limited & Anor v G3 Communications Pty Limited & Anor [2002] NSWIRComm 90

The hearing of the merits should not be adjourned because the second respondent had not been frank about its financial position, failed to approach the Court or the other side when difficulties arose, failed to put on material when able, and had not adhered to undertakings as to costs; in those circumstances costs orders could not address the prejudice and justice between the parties did not require another adjournment.

Jurisdiction
Australia
Judgment Date
22 April 2002
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Application by the Second Respondent for Adjournment of the Hearing of the Merits
Outcome
Adjournment of the hearing on the merits declined.
Legal Topics
['unfair Contract' 'adjournment' 'jurisdictional Objection' 'costs Undertakings' 'case Management']
['industrial Relations' 'civil Procedure'] ['unfair Contract' 'adjournment' 'jurisdictional Objection' 'costs Undertakings' 'case Management']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Application by the Second Respondent for Adjournment of the Hearing of the Merits

Legal Issues

  1. 1 ['Whether the hearing of the merits should be adjourned again to allow jurisdictional points raised by the second respondent to be heard and determined.' "Whether costs orders could address the prejudice to the applicants caused by the second respondent's failures."]

Ratio Decidendi

The hearing of the merits should not be adjourned because the second respondent had not been frank about its financial position, failed to approach the Court or the other side when difficulties arose, failed to put on material when able, and had not adhered to undertakings as to costs; in those circumstances costs orders could not address the prejudice and justice between the parties did not require another adjournment.

Court Disposition

Adjournment of the hearing on the merits declined.

Orders

  • ['The Court declined to adjourn the hearing on the merits of the matter.']