Wenkart v Pantzer [2004] FCA 1726

Wenkart v Pantzer [2004] FCA 1726

The applicant did not show sufficient reason to vacate the final hearing date. The absence of the taxation certificate was known when the matter was listed, the subsequent taxation-related steps should not have surprised the applicant, and they did not raise issues that would prejudice the January 2005 final hearing.

Jurisdiction
Australia
Judgment Date
22 December 2004
Procedural Posture
Application to Vacate the Hearing Date / Directions Hearing Before Final Hearing
Outcome
Application to vacate the hearing date dismissed; applicant ordered to pay the costs of the application.
Legal Topics
['vacation of Hearing Date' 'directions' 'taxation of Costs' 'costs']
['civil Procedure'] ['vacation of Hearing Date' 'directions' 'taxation of Costs' 'costs']

Case Brief

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Procedural Posture

Application to Vacate the Hearing Date / Directions Hearing Before Final Hearing

Legal Issues

  1. 1 ["Whether the hearing listed for 17 and 18 January 2005 should be vacated because certificates of taxation had issued recently, the applicant wished to appeal from the Taxing Master's certificate, and a further taxation hearing was listed for 29 December 2004." 'Whether events concerning taxation of costs since 26 October 2004 justified disturbing the final hearing date.']

Ratio Decidendi

The applicant did not show sufficient reason to vacate the final hearing date. The absence of the taxation certificate was known when the matter was listed, the subsequent taxation-related steps should not have surprised the applicant, and they did not raise issues that would prejudice the January 2005 final hearing.

Court Disposition

Application to vacate the hearing date dismissed; applicant ordered to pay the costs of the application.

Orders

  • ['The application to vacate the hearing date is dismissed.' 'The applicant to pay the costs of the application made today.']