Murex Diagnostics Australia Pty Ltd v Chiron Corporation & Ors [1995] FCA 1095

Murex Diagnostics Australia Pty Ltd v Chiron Corporation & Ors [1995] FCA 1095

The prejudice to the Murex companies from delay and continued exposure to accumulating potential damages outweighs the difficulties Chiron may face owing to Mr Blackburn's inability to be physically present throughout the hearing; alternatives exist for communication during the period of absence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 December 1995
Procedural Posture
Application / Interlocutory (application for Adjournment of Hearing Date)
Outcome
Application for adjournment refused
Legal Topics
['adjournment' 'prejudice to Parties' 'case Management']
['civil Procedure'] ['adjournment' 'prejudice to Parties' 'case Management']

Source-derived case record

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Procedural Posture

Application / Interlocutory (application for Adjournment of Hearing Date)

Legal Issues

  1. 1 ['Whether the hearing date should be adjourned due to the unavailability of a key person for the respondent (Mr Blackburn)']

Ratio Decidendi

The prejudice to the Murex companies from delay and continued exposure to accumulating potential damages outweighs the difficulties Chiron may face owing to Mr Blackburn's inability to be physically present throughout the hearing; alternatives exist for communication during the period of absence.

Court Disposition

Application for adjournment refused

Orders

  • ['The hearing date is not to be varied.']