In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 731

In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 731

The adjournment application was dismissed because, even allowing for the seriousness of Mr Hobbs' current medical condition, the evidence did not provide confidence that his physical or mental state would materially improve after the proposed adjournment or when any future hearing became imminent. The court also...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 June 2015
Procedural Posture
Interlocutory Application for Adjournment of Hearing Date in Equity Division Corporations List / Notice of Motion Dated 19 June 2012 Seeking Adjournment of Hearing Listed to Commence on 4 July 2012
Outcome
Application for adjournment of hearing date dismissed.
Legal Topics
['adjournment Application' 'medical Evidence' 'self Represented Litigant' 'expert Evidence' 'expert Witness Code of Conduct' 'cross Examination Notice']
['practice and Procedure' 'evidence' 'corporations'] ['adjournment Application' 'medical Evidence' 'self Represented Litigant' 'expert Evidence' 'expert Witness Code of Conduct' 'cross Examination Notice']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application for Adjournment of Hearing Date in Equity Division Corporations List / Notice of Motion Dated 19 June 2012 Seeking Adjournment of Hearing Listed to Commence on 4 July 2012

Legal Issues

  1. 1 ["Whether the hearing date should be vacated or adjourned until no earlier than 1 November 2012 by reason of Mr Hobbs' current medical condition." 'Whether the affidavit and oral expert evidence of Dr Tim Ewer should be admitted notwithstanding non-compliance with the Expert Witness Code of Conduct under the Uniform Civil Procedure Rules.' 'Whether there was any new evidence or change of circumstances justifying reconsideration of a substantially similar adjournment application previously refused.' "Whether the interests of justice and public interest in the expeditious conduct of proceedings outweighed the difficulties caused by Mr Hobbs' medical condition."]

Ratio Decidendi

The adjournment application was dismissed because, even allowing for the seriousness of Mr Hobbs' current medical condition, the evidence did not provide confidence that his physical or mental state would materially improve after the proposed adjournment or when any future hearing became imminent. The court also declined to admit Dr Ewer's affidavit as expert evidence because it was not prepared in compliance with the Expert Witness Code of Conduct and did not sufficiently identify the facts, assumptions and reasoning required for admissible expert opinion. The public interest in the expeditious determination of serious proceedings and the interests of other defendants outweighed the...

Court Disposition

Application for adjournment of hearing date dismissed.

Orders

  • ['The application for adjournment of the hearing date is dismissed.' 'The commencement date of 4 July 2012 is confirmed and the matter is listed for 6 weeks.' 'Unless notice in writing is given by the Hobbs interests to ASIC by 5pm today (Sydney time) that a particular witness is required for cross-examination,...