Gaffney v RSM Bird Cameron Partners (a firm) [2012] FCA 1221

Gaffney v RSM Bird Cameron Partners (a firm) [2012] FCA 1221

The summary judgment application should be determined and resolved before the question of setting the matter down for trial, as listing the trial concurrently or immediately after would be contrary to the objective of summary judgment procedures.

Jurisdiction
Australia
Judgment Date
18 October 2012
Procedural Posture
Civil / Pre Trial Interlocutory Orders Regarding Summary Judgment Application
Outcome
Interlocutory orders made for directions regarding summary judgment application; orders in terms of the respondents' proposed minute, with amended dates.
Legal Topics
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Case Brief

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Procedural Posture

Civil / Pre Trial Interlocutory Orders Regarding Summary Judgment Application

Legal Issues

  1. 1 ['Whether the summary judgment application should be heard before listing the matter for trial']

Ratio Decidendi

The summary judgment application should be determined and resolved before the question of setting the matter down for trial, as listing the trial concurrently or immediately after would be contrary to the objective of summary judgment procedures.

Court Disposition

Interlocutory orders made for directions regarding summary judgment application; orders in terms of the respondents' proposed minute, with amended dates.

Orders

  • ['On or before 29 October 2012, the respondents file and serve their application under Rule 26.01(1)(a) including any affidavits in support thereof.' 'On or before 28 November 2012, the applicant file and serve any affidavits in response to the application.' 'On or before 3 December 2012, the respondents file and...