Pacific Carriers -v- Banque Nationale de Paris [2000] NSWSC 722

Pacific Carriers -v- Banque Nationale de Paris [2000] NSWSC 722

The proceedings were adjourned to allow proper consideration of quantum issues, due to failures by both plaintiff and first defendant to clarify and respond to issues regarding evidence and particulars. Both were held jointly and severally liable for costs thrown away by the adjournment incurred by other affected parties.

Parties
Plaintiff: Pacific Carriers Limited; First Defendant: Banque Nationale de Paris; Second Defendant: New England Agricultural Traders Pty Limited
Jurisdiction
Australia
Judgment Date
26 July 2000
Procedural Posture
Proceedings for Indemnity and Damages With Multiple Interlocutory Applications / Interlocutory: Application for Adjournment, Amendment, and Costs Orders
Outcome
Proceedings adjourned on application of first defendant; various costs orders made.
Legal Topics
Adjournment, Costs Thrown Away, Amendment of Pleadings, Evidentiary Procedure
Admiralty Practice and Procedure Equity Adjournment Costs Thrown Away Amendment of Pleadings Evidentiary Procedure

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Parties

Pacific Carriers Limited

Plaintiff

Banque Nationale de Paris

First Defendant

New England Agricultural Traders Pty Limited

Second Defendant

Procedural Posture

Proceedings for Indemnity and Damages With Multiple Interlocutory Applications / Interlocutory: Application for Adjournment, Amendment, and Costs Orders

Legal Issues

  1. 1 Whether adjournment should be granted due to late service of evidence and quantum issues
  2. 2 Allocation of costs occasioned by adjournment and amendment
  3. 3 Procedural fairness regarding late evidence

Ratio Decidendi

The proceedings were adjourned to allow proper consideration of quantum issues, due to failures by both plaintiff and first defendant to clarify and respond to issues regarding evidence and particulars. Both were held jointly and severally liable for costs thrown away by the adjournment incurred by other affected parties.

Court Disposition

Proceedings adjourned on application of first defendant; various costs orders made.

Orders

  • Proceedings adjourned to 11 December 2000.
  • Plaintiff and first defendant jointly and severally liable for cross defendants' costs occasioned by adjournment.