Australian Securities and Investments Commission v Whyte Corporation Pty Ltd; In the Matter of Whyte Corporation Pty Ltd [2009] FCA 674

Australian Securities and Investments Commission v Whyte Corporation Pty Ltd; In the Matter of Whyte Corporation Pty Ltd [2009] FCA 674

The adjournment was refused because ASIC's decision not to call Mr Jones and Mr Schempp was not a good ground for an adjournment, the defendants had taken the risk that those witnesses might not be called, and the Brennan affidavit material was not shown to be so difficult or time-consuming as to require the hearing...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 June 2009
Procedural Posture
Federal Court Civil Proceeding in the Matter of Whyte Corporation Pty Ltd / Defendants' Application to Adjourn the Proceedings When the Matter Was Called on for Hearing
Outcome
The defendants' adjournment application was refused.
Legal Topics
['adjournment Application' 'affidavit Evidence' 'late Service of Evidence' 'cross Examination']
['civil Procedure' 'corporations'] ['adjournment Application' 'affidavit Evidence' 'late Service of Evidence' 'cross Examination']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Federal Court Civil Proceeding in the Matter of Whyte Corporation Pty Ltd / Defendants' Application to Adjourn the Proceedings When the Matter Was Called on for Hearing

Legal Issues

  1. 1 ["Whether ASIC's decision not to read the affidavits of Alistair Newton Jones and Robert Herman Schempp justified an adjournment." 'Whether the late service of the affidavit of Conor Brennan sworn on 16 June 2009 justified an adjournment.']

Ratio Decidendi

The adjournment was refused because ASIC's decision not to call Mr Jones and Mr Schempp was not a good ground for an adjournment, the defendants had taken the risk that those witnesses might not be called, and the Brennan affidavit material was not shown to be so difficult or time-consuming as to require the hearing date to be vacated, particularly with ASIC's cooperation in providing electronic material and with further procedural opportunities reserved to the defendants.

Court Disposition

The defendants' adjournment application was refused.

Orders

  • ['The adjournment application made by the defendants be refused.']