Eggerth v Piccardi [2017] FCA 773

Eggerth v Piccardi [2017] FCA 773

The trial dates should be vacated because late difficulty with counsel led to new counsel identifying inadequacies in the claim and pleading, time was needed to reformulate them so that the real and substantial issues in dispute would be properly litigated, no real irreparable harm would be caused to the respondents, and the matter could be re-listed within a very short timeframe.

Jurisdiction
Australia
Judgment Date
01 June 2017
Procedural Posture
Application to Vacate Trial Dates / Interlocutory Application Before Trial
Outcome
Application granted; the hearing set down for the week commencing 5 June 2017 was vacated, with costs orders against the applicant and directions for amendment and case management.
Legal Topics
['vacation of Trial Dates' 'adjournment of Trial' 'amendment of Originating Application and Statement of Claim' 'costs Thrown Away']
['practice and Procedure' 'commercial and Corporations'] ['vacation of Trial Dates' 'adjournment of Trial' 'amendment of Originating Application and Statement of Claim' 'costs Thrown Away']

Case Brief

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Procedural Posture

Application to Vacate Trial Dates / Interlocutory Application Before Trial

Legal Issues

  1. 1 ['Whether the trial set down for the week commencing 5 June 2017 should be vacated to allow the applicant time to reformulate the claim and pleading.' "Whether the discretion to vacate trial dates should be exercised despite the respondent's formal opposition."]

Ratio Decidendi

The trial dates should be vacated because late difficulty with counsel led to new counsel identifying inadequacies in the claim and pleading, time was needed to reformulate them so that the real and substantial issues in dispute would be properly litigated, no real irreparable harm would be caused to the respondents, and the matter could be re-listed within a very short timeframe.

Court Disposition

Application granted; the hearing set down for the week commencing 5 June 2017 was vacated, with costs orders against the applicant and directions for amendment and case management.

Orders

  • ['The time for service of the interlocutory application filed on 1 June 2017 be abridged to 1pm on 1 June 2017 and service prior to that time be deemed to be effective service.' 'The hearing set down for the week commencing 5 June 2017 be vacated.' "The applicant pay the respondents' costs thrown away by reason of...