Watson v AWB Limited (No 6) [2009] FCA 1381

Watson v AWB Limited (No 6) [2009] FCA 1381

The hearing is vacated and adjourned because the respondent’s senior counsel is unable to appear due to a serious accident, and it is unrealistic to expect substitute counsel could prepare adequately in the available time. The interests of justice and the risk of substantial injustice to the respondent outweigh the desirability of proceeding as scheduled.

Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Representative Proceedings (class Action) / Interlocutory (vacation and Adjournment of Hearing)
Outcome
Hearing vacated and adjourned; relisted for February–March 2010.
Legal Topics
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Case Brief

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Procedural Posture

Representative Proceedings (class Action) / Interlocutory (vacation and Adjournment of Hearing)

Legal Issues

  1. 1 ["Whether hearing should proceed as scheduled despite unavailability of respondent's senior counsel"]

Ratio Decidendi

The hearing is vacated and adjourned because the respondent’s senior counsel is unable to appear due to a serious accident, and it is unrealistic to expect substitute counsel could prepare adequately in the available time. The interests of justice and the risk of substantial injustice to the respondent outweigh the desirability of proceeding as scheduled.

Court Disposition

Hearing vacated and adjourned; relisted for February–March 2010.

Orders

  • ['The hearing due to commence on 30 November 2009 be vacated.' 'The proceeding be listed for hearing from 8 February 2010 to 15 March 2010 inclusive.']