Campbell v Metway Leasing Limited [2002] FCAFC 47; [2002] FCA 213

Campbell v Metway Leasing Limited [2002] FCAFC 47; [2002] FCA 213

The hearing date should be vacated because the appellants would suffer severe prejudice due to the unavailability of their senior counsel, and no substantial prejudice to the respondent or intervenor was shown.

Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Appeal / Pre Hearing; Notice of Motion to Vacate Hearing Date and Adjourn Appeal
Outcome
Appeal hearing date vacated; appeal adjourned; directions given as to filings and authorities; costs orders made
Legal Topics
['procedural Directions' 'costs' 'adjournment of Appeal Hearing']
[] ['procedural Directions' 'costs' 'adjournment of Appeal Hearing']

Case Brief

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Procedural Posture

Appeal / Pre Hearing; Notice of Motion to Vacate Hearing Date and Adjourn Appeal

Legal Issues

  1. 1 ['Whether the hearing date for the appeal should be vacated due to unavailability of senior counsel for appellants' 'Appropriate allocation of costs relating to the motion to vacate hearing date' 'Directions for filing of written submissions and authorities']

Ratio Decidendi

The hearing date should be vacated because the appellants would suffer severe prejudice due to the unavailability of their senior counsel, and no substantial prejudice to the respondent or intervenor was shown.

Court Disposition

Appeal hearing date vacated; appeal adjourned; directions given as to filings and authorities; costs orders made

Orders

  • ['The hearing date for the appeal be vacated.' 'The appeal be adjourned to a date to be fixed.' 'There be no order as to the costs of the motion.' 'The Respondent have the costs thrown away by the variation of the hearing date, to be taxed if not agreed.' 'Appellants to file written submissions five clear days...