Chung-Yi Pty Limited v Justin Chih-Yang Chang [2018] NSWSC 410

Chung-Yi Pty Limited v Justin Chih-Yang Chang [2018] NSWSC 410

The application to vacate the hearing date was dismissed because the bank statements sought were not shown to be decisive or uniquely important, other evidence was available, the application came too late given earlier opportunities, the potential delay and prejudice were not outweighed by the possible benefit to the defendant, and the interests of justice did not favour delay.

Jurisdiction
Australia
Judgment Date
03 April 2018
Procedural Posture
Equity Commercial List / Interlocutory Ruling on Application to Vacate Hearing Date
Outcome
Defendant's amended notice of motion to vacate hearing date dismissed.
Legal Topics
['vacation of Hearing Date']
['practice and Procedure'] ['vacation of Hearing Date']

Case Brief

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Procedural Posture

Equity Commercial List / Interlocutory Ruling on Application to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date should be vacated to allow defendant to obtain bank statements via a letter of request or subpoena']

Ratio Decidendi

The application to vacate the hearing date was dismissed because the bank statements sought were not shown to be decisive or uniquely important, other evidence was available, the application came too late given earlier opportunities, the potential delay and prejudice were not outweighed by the possible benefit to the defendant, and the interests of justice did not favour delay.

Court Disposition

Defendant's amended notice of motion to vacate hearing date dismissed.

Orders

  • ["The defendant's amended notice of motion filed 29 March 2018 is dismissed."]