In the Matter of Cazihaven Homes Pty Ltd Stoland Pty Ltd v Thurn, Peter James & Anor [1996] FCA 784

In the Matter of Cazihaven Homes Pty Ltd Stoland Pty Ltd v Thurn, Peter James & Anor [1996] FCA 784

The court should exercise its discretion in favour of granting an adjournment where failure to do so would occasion significant prejudice to the applicant and not due to any fault of the applicant or its representatives, despite prejudice to the respondent which may be addressed in part by costs.

Parties
Applicant: Stoland Pty Limited; First Respondent: Peter James Thurn; Second Respondent: William Gary Quick
Jurisdiction
Australia
Judgment Date
22 August 1996
Procedural Posture
General Division / Interlocutory (application for Adjournment)
Outcome
Adjournment granted; costs of today reserved.

Case Brief

Summary, issues, holding and outcome

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Parties

Stoland Pty Limited

Applicant

Peter James Thurn

First Respondent

William Gary Quick

Second Respondent

Procedural Posture

General Division / Interlocutory (application for Adjournment)

Legal Issues

  1. 1 Whether to grant an adjournment to allow the applicant to obtain documents for use as foundation for expert accounting evidence on solvency

Ratio Decidendi

The court should exercise its discretion in favour of granting an adjournment where failure to do so would occasion significant prejudice to the applicant and not due to any fault of the applicant or its representatives, despite prejudice to the respondent which may be addressed in part by costs.

Court Disposition

Adjournment granted; costs of today reserved.

Orders

  • Matter listed on Monday, 28 October at 10.15 am.
  • Costs of today are reserved.