Walker v Telstra Corporation [2007] FCA 419

Walker v Telstra Corporation [2007] FCA 419

The Court will not allow the proceedings and notice of motion to remain in suspension indefinitely; the matter is adjourned for directions, but any further adjournment must be sought with affidavit evidence. The applicant's current inability to participate does not justify further indefinite delay.

Jurisdiction
Australia
Judgment Date
21 March 2007
Procedural Posture
Application / Interlocutory Application for Adjournment and Directions on Notice of Motion
Outcome
Adjourned for directions; costs reserved
Legal Topics
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Case Brief

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Procedural Posture

Application / Interlocutory Application for Adjournment and Directions on Notice of Motion

Legal Issues

  1. 1 ['Whether to adjourn the notice of motion brought by the respondent, which seeks to have the proceeding permanently stayed or transferred']

Ratio Decidendi

The Court will not allow the proceedings and notice of motion to remain in suspension indefinitely; the matter is adjourned for directions, but any further adjournment must be sought with affidavit evidence. The applicant's current inability to participate does not justify further indefinite delay.

Court Disposition

Adjourned for directions; costs reserved

Orders

  • ['If any submission is to be put on behalf of Mr Walker on 10 May 2007 for a further adjournment, it must be supported by affidavit material filed and served by 7 May 2007.' 'The proceeding and notice of motion stood over for directions to 9.30 am on Thursday, 10 May 2007.' 'Costs of today reserved.']