Fitzwood Pty Ltd (ACN 005 180 163) v Unique Goal Pty Ltd (ACN 064 926 843) (in Liq) [2002] FCAFC 227
The circumstances personal to the third respondent did not outweigh the usual considerations for efficiently conducting court business; there was no real risk of injustice or prejudice, and the due administration of justice would not be served by vacating the dates. Accordingly, the motion to vacate the hearing dates was dismissed with costs.
- Jurisdiction
- Australia
- Judgment Date
- 04 July 2002
- Procedural Posture
- Motion (interlocutory Application) in Appeal and Cross Appeal / Motion to Vacate Hearing Dates Prior to Hearing of Appeal and Cross Appeal
- Outcome
- Motion dismissed with costs.
- Legal Topics
- ['vacating Hearing Dates' 'efficient Use of Court Time' 'finality in Judicial Process']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Motion (interlocutory Application) in Appeal and Cross Appeal / Motion to Vacate Hearing Dates Prior to Hearing of Appeal and Cross Appeal
Legal Issues
- 1 ['Whether cause has been shown to vacate the dates fixed for the hearing of the appeal and cross-appeal']
Ratio Decidendi
The circumstances personal to the third respondent did not outweigh the usual considerations for efficiently conducting court business; there was no real risk of injustice or prejudice, and the due administration of justice would not be served by vacating the dates. Accordingly, the motion to vacate the hearing dates was dismissed with costs.
Court Disposition
Motion dismissed with costs.
Orders
- ['The motion filed by the Second and Third Respondents and First and Second Cross‑Appellants on 19 June 2002 be dismissed with costs.']
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