Australian Securities Investments Commission v Channic Pty Ltd [2014] FCA 1311

Australian Securities Investments Commission v Channic Pty Ltd [2014] FCA 1311

The primary reason for refusing the adjournment is that the respondents have had several months' notice of the trial dates and have failed to provide their solicitor with funds to engage counsel or otherwise properly prepare, and that ongoing commitments of the respondents' solicitor do not excuse this lack of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 November 2014
Procedural Posture
Interlocutory Application / Application for Adjournment of Trial
Outcome
Application to adjourn trial dismissed; costs awarded to applicant; foreshadowed application for a non-party costs order reserved.
Legal Topics
['adjournment of Trial' 'case Management' 'civil Penalty Proceedings' 'directions Hearings']
['practice and Procedure'] ['adjournment of Trial' 'case Management' 'civil Penalty Proceedings' 'directions Hearings']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application / Application for Adjournment of Trial

Legal Issues

  1. 1 ["Whether the trial should be adjourned due to lack of funds for counsel and scheduling conflicts of respondents' solicitor" 'Whether the absence or uncertainty of witness Mr Humphreys warrants adjournment of the trial']

Ratio Decidendi

The primary reason for refusing the adjournment is that the respondents have had several months' notice of the trial dates and have failed to provide their solicitor with funds to engage counsel or otherwise properly prepare, and that ongoing commitments of the respondents' solicitor do not excuse this lack of preparation, particularly where the public interest and efficient case management require the trial to proceed as scheduled.

Court Disposition

Application to adjourn trial dismissed; costs awarded to applicant; foreshadowed application for a non-party costs order reserved.

Orders

  • ["The respondents' interlocutory application for the adjournment of the trial is dismissed." "The respondents pay the applicant's costs of and incidental to the application referred to in Order 1." "The applicant's foreshadowed application for an order that a non-party pay the applicant's costs of and incidental to...