Australian Competition and Consumer Commission v Adata (Vic) Pty Ltd (No 4) [2015] FCA 676
The prejudice to the respondent, who would be unable to appear and defend himself due to family responsibilities, outweighs the prejudice to the applicant caused by delay; thus, the trial is adjourned.
- Parties
- Applicant: Australian Competition and Consumer Commission; First Respondent: Adata (Vic) Pty Ltd ACN 099 814 749; Second Respondent: Adata (Carriers) Pty Ltd (ACN 072 129 321); Third Respondent: Wayne Wright
- Jurisdiction
- Australia
- Judgment Date
- 12 June 2015
- Procedural Posture
- Interlocutory Application to Adjourn Trial / Pre Trial; Application for Adjournment of Scheduled Hearing
- Outcome
- Trial dates vacated (adjournment granted)
- Legal Topics
- Adjournment of Trial, Competing Prejudice of Parties
Case Brief
Summary, issues, holding and outcome
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Parties
Australian Competition and Consumer Commission
Applicant
Adata (Vic) Pty Ltd ACN 099 814 749
First Respondent
Adata (Carriers) Pty Ltd (ACN 072 129 321)
Second Respondent
Wayne Wright
Third Respondent
Procedural Posture
Interlocutory Application to Adjourn Trial / Pre Trial; Application for Adjournment of Scheduled Hearing
Legal Issues
- 1 Whether the trial should be adjourned on application by a self-represented respondent due to personal circumstances
Ratio Decidendi
The prejudice to the respondent, who would be unable to appear and defend himself due to family responsibilities, outweighs the prejudice to the applicant caused by delay; thus, the trial is adjourned.
Court Disposition
Trial dates vacated (adjournment granted)
Orders
- The trial dates fixed for 22 and 23 June 2015 be vacated.
Full Case Text
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