Investa Properties Pty Ltd v Nankervis [2012] FCA 743

Investa Properties Pty Ltd v Nankervis [2012] FCA 743

The trial dates were vacated because the applicants could not be ready, primarily due to the withdrawal of their former counsel at a late stage, and the interests of justice warranted granting the interlocutory application, subject to the applicants being liable for indemnity costs thrown away by the respondents due to the vacation of the trial dates.

Parties
First Applicant: Investa Properties Pty Ltd (ACN 084 407 241); Second Applicant: Investa Residential Group Pty Ltd (ACN 098 527 390); First Respondent: Ashley Colin Nankervis; Second Respondent: Adam Kimberly Barclay; Third Respondent: Damian Anthony Long; Fourth Respondent: Oliver Hume South East Queensland Pty Ltd (ACN 128 863 230)
Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Application for Vacation of Trial Dates / Interlocutory Hearing
Outcome
Trial dates vacated; applicants to pay indemnity costs to respondents.
Legal Topics
Vacation of Trial Dates, Indemnity Costs, Case Management, Delay in Litigation
Practice and Procedure Vacation of Trial Dates Indemnity Costs Case Management Delay in Litigation

Case Brief

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Parties

Investa Properties Pty Ltd (ACN 084 407 241)

First Applicant

Investa Residential Group Pty Ltd (ACN 098 527 390)

Second Applicant

Ashley Colin Nankervis

First Respondent

Adam Kimberly Barclay

Second Respondent

Damian Anthony Long

Third Respondent

Oliver Hume South East Queensland Pty Ltd (ACN 128 863 230)

Fourth Respondent

Procedural Posture

Application for Vacation of Trial Dates / Interlocutory Hearing

Legal Issues

  1. 1 Whether trial dates should be vacated
  2. 2 Whether indemnity costs should be awarded against applicants

Ratio Decidendi

The trial dates were vacated because the applicants could not be ready, primarily due to the withdrawal of their former counsel at a late stage, and the interests of justice warranted granting the interlocutory application, subject to the applicants being liable for indemnity costs thrown away by the respondents due to the vacation of the trial dates.

Court Disposition

Trial dates vacated; applicants to pay indemnity costs to respondents.

Orders

  • The hearing listed to commence on 23 July 2012 be vacated.
  • The parties are to agree on terms of an indemnity costs order in light of these reasons, and are to provide them to the Judge's Chambers by 4.00 pm on 17 July 2012.