Comcare v John Holland Rail Pty Ltd (No 2) [2010] FCA 1516

Comcare v John Holland Rail Pty Ltd (No 2) [2010] FCA 1516

The notice of motion is to be heard at the trial of the proceeding, as the possibility of prejudice to respondents is overstated and the overarching purpose of the Act is best served by hearing it at trial.

Parties
Applicant: Comcare; First Respondent: John Holland Rail Pty Ltd (ABN 61 009 252 653); Second Respondent: John Holland Pty Ltd (ABN 11 004 282 268)
Jurisdiction
Australia
Judgment Date
20 October 2010
Procedural Posture
General Division Civil Proceeding / Interlocutory: Order Regarding Listing of Notice of Motion
Outcome
The respondents' notice of motion dated 14 October 2010 is adjourned for hearing at the trial of this proceeding, commencing on 7 March 2011.

Case Brief

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 1 Party arguments 2
Sign in to unlock

Parties

Comcare

Applicant

John Holland Rail Pty Ltd (ABN 61 009 252 653)

First Respondent

John Holland Pty Ltd (ABN 11 004 282 268)

Second Respondent

Procedural Posture

General Division Civil Proceeding / Interlocutory: Order Regarding Listing of Notice of Motion

Legal Issues

  1. 1 When the respondents' notice of motion dated 14 October 2010 should be listed for hearing

Ratio Decidendi

The notice of motion is to be heard at the trial of the proceeding, as the possibility of prejudice to respondents is overstated and the overarching purpose of the Act is best served by hearing it at trial.

Court Disposition

The respondents' notice of motion dated 14 October 2010 is adjourned for hearing at the trial of this proceeding, commencing on 7 March 2011.

Orders

  • The respondents' notice of motion dated 14 October 2010 be adjourned for hearing at the trial of this proceeding, commencing on 7 March 2011.