CCGF Holding Pty Ltd v Coegi Group Pty Ltd (No 3) [2022] FCA 1288

CCGF Holding Pty Ltd v Coegi Group Pty Ltd (No 3) [2022] FCA 1288

The applicant failed to provide an adequate explanation for its delay in seeking to include the proposed causes of action and in applying for an adjournment, and did not discharge the heavy burden required to justify an adjournment at this late stage; as such, the application for adjournment must be dismissed.

Parties
Applicant: CCGF Holding Pty Ltd; First Respondent: Coegi Group Pty Ltd; Second Respondent: Coegi Connect Pty Ltd; Third Respondent: Consol Group APAC Pty Ltd; Fourth Respondent: Graham Henry Gordon; Fifth Respondent: Linda Anne Gordon
Jurisdiction
Australia
Judgment Date
26 October 2022
Procedural Posture
Application for Adjournment / Interlocutory Hearing
Outcome
Application for adjournment dismissed
Legal Topics
Adjournment of Trial, Corporations Proceedings
Practice and Procedure Commercial and Corporations Adjournment of Trial Corporations Proceedings

Case Brief

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Parties

CCGF Holding Pty Ltd

Applicant

Coegi Group Pty Ltd

First Respondent

Coegi Connect Pty Ltd

Second Respondent

Consol Group APAC Pty Ltd

Third Respondent

Graham Henry Gordon

Fourth Respondent

Linda Anne Gordon

Fifth Respondent

Procedural Posture

Application for Adjournment / Interlocutory Hearing

Legal Issues

  1. 1 Whether adjournment of trial should be granted shortly before listed trial to bring further causes of action against respondent
  2. 2 Whether applicant provided an adequate explanation for delay

Ratio Decidendi

The applicant failed to provide an adequate explanation for its delay in seeking to include the proposed causes of action and in applying for an adjournment, and did not discharge the heavy burden required to justify an adjournment at this late stage; as such, the application for adjournment must be dismissed.

Court Disposition

Application for adjournment dismissed

Orders

  • The applicant's application for an adjournment is dismissed.
  • The applicant pay the fifth respondent's costs of the application for an adjournment.