D'Anglers Paradise Pty Ltd v MMI General Insurance Ltd [2000] FCA 425

D'Anglers Paradise Pty Ltd v MMI General Insurance Ltd [2000] FCA 425

The evidence, including the substance of Mr Loiero’s communication with a journalist, undermined the claim of incapacity. The applicant failed to substantiate Mr Loiero’s inability to give instructions or participate, and no satisfactory basis for adjournment was shown.

Source-derived case information.

Parties
Applicant: D'Anglers Paradise Pty Ltd; Respondent: MMI General Insurance Limited
Jurisdiction
Australia
Judgment Date
04 April 2000
Procedural Posture
Application / Ruling on Adjournment Application
Outcome
adjournment application declined

Source-derived case record

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Parties

D'Anglers Paradise Pty Ltd

Applicant

MMI General Insurance Limited

Respondent

Procedural Posture

Application / Ruling on Adjournment Application

Legal Issues

  1. 1 Whether the trial should be adjourned due to alleged incapacity of the principal officer of the applicant to participate or give instructions

Ratio Decidendi

The evidence, including the substance of Mr Loiero’s communication with a journalist, undermined the claim of incapacity. The applicant failed to substantiate Mr Loiero’s inability to give instructions or participate, and no satisfactory basis for adjournment was shown.

Court Disposition

adjournment application declined

Orders

  • The application for an adjournment be declined.