Litmus Australia Pty Ltd v Canty & Ors [2006] NSWSC 138

Litmus Australia Pty Ltd v Canty & Ors [2006] NSWSC 138

Leave is granted to both sides to file their respective late written submissions as there is no prejudice and both parties have opportunity to be heard; no order as to costs is made, each party to bear its own costs, in light of the conduct of legal representatives.

Jurisdiction
Australia
Judgment Date
08 March 2006
Procedural Posture
Corporations List Application / Interlocutory Stage (application to Strike Out and Costs)
Outcome
Leave granted to file further submissions; no order as to costs of the day.
Legal Topics
['interlocutory Applications' 'costs' 'strike Out Applications' 'procedural Fairness']
['civil Procedure'] ['interlocutory Applications' 'costs' 'strike Out Applications' 'procedural Fairness']

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Procedural Posture

Corporations List Application / Interlocutory Stage (application to Strike Out and Costs)

Legal Issues

  1. 1 ['Whether leave should be granted for late written submissions by defendants and by plaintiff' 'Whether order for costs should be made against plaintiff and/or its solicitor' 'Proper procedural conduct for resolving disputes between legal representatives']

Ratio Decidendi

Leave is granted to both sides to file their respective late written submissions as there is no prejudice and both parties have opportunity to be heard; no order as to costs is made, each party to bear its own costs, in light of the conduct of legal representatives.

Court Disposition

Leave granted to file further submissions; no order as to costs of the day.

Orders

  • ['Leave granted to first and third defendants to make further (late) submissions.' 'Leave granted to plaintiff to make submissions in reply.' 'No order as to costs for the day; each party to bear its own costs.']