Essential Beauty Franchising Pty Ltd v Essential Beauty (Qld) Pty Ltd (No 2) [2012] FCA 440

Essential Beauty Franchising Pty Ltd v Essential Beauty (Qld) Pty Ltd (No 2) [2012] FCA 440

The detriment to the applicants from not varying the timetable or hearing dates does not outweigh the interests of justice in proceeding as scheduled. Evidence did not establish that only the sole director could give essential instructions. The potential long delay in rescheduling would not serve the interests of justice.

Jurisdiction
Australia
Judgment Date
26 April 2012
Procedural Posture
Application / Interlocutory (application to Vary Hearing Date)
Outcome
application refused
Legal Topics
[]

Case Brief

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Procedural Posture

Application / Interlocutory (application to Vary Hearing Date)

  1. 1 ["Whether the hearing dates should be vacated or varied due to applicants' timetable difficulties and the sole director's overseas absence"]

Ratio Decidendi

The detriment to the applicants from not varying the timetable or hearing dates does not outweigh the interests of justice in proceeding as scheduled. Evidence did not establish that only the sole director could give essential instructions. The potential long delay in rescheduling would not serve the interests of justice.

Court Disposition

application refused

Orders

  • ['The application be refused.']