Admost Pty Ltd v Tallwoods Pastoral Company and Angus Stud Pty Ltd [2007] FCA 600

Admost Pty Ltd v Tallwoods Pastoral Company and Angus Stud Pty Ltd [2007] FCA 600

The inconvenience caused to the applicants by their overseas travel plans, made before the hearing date was set, was insufficient justification to vacate the hearing; the respondents’ interest in maintaining the schedule and prior applicants’ compliance failures weighed against granting the motion.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Application and Statement of Claim / Interlocutory (motion to Vacate Hearing Date)
Outcome
Applicants' motion to vacate the hearing date dismissed; applicants to pay respondents' costs of the motion.
Legal Topics
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Case Brief

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Procedural Posture

Application and Statement of Claim / Interlocutory (motion to Vacate Hearing Date)

Legal Issues

  1. 1 ['Whether the hearing date should be vacated due to unavailability of applicants']

Ratio Decidendi

The inconvenience caused to the applicants by their overseas travel plans, made before the hearing date was set, was insufficient justification to vacate the hearing; the respondents’ interest in maintaining the schedule and prior applicants’ compliance failures weighed against granting the motion.

Court Disposition

Applicants' motion to vacate the hearing date dismissed; applicants to pay respondents' costs of the motion.

Orders

  • ["The applicants' Notice of Motion filed 29 March 2007 to vacate the hearing date be dismissed." 'The applicants pay the costs of the respondents of and incidental to the hearing of this motion.']