Timeout Magazine Ltd v John Fairfax Publications Pty Ltd [1998] FCA 1359

Timeout Magazine Ltd v John Fairfax Publications Pty Ltd [1998] FCA 1359

Because there were considerable outstanding matters, recent affidavit material containing numerous assertions requiring documentary testing, further discovery at a very late stage, and the hearing was unlikely to finish within the three days fixed, it would be unfair to proceed on the fixed dates; the hearing dates should be vacated and the discovery issue stood over until a proper notice of motion is filed.

Jurisdiction
Australia
Judgment Date
20 October 1998
Procedural Posture
Federal Court Proceeding / Ex Tempore Judgment Concerning Hearing Dates and Discovery
Outcome
Hearing dates vacated; discovery issue stood over; costs reserved.
Legal Topics
['vacating Hearing Dates' 'discovery' 'costs Reserved']
['civil Procedure'] ['vacating Hearing Dates' 'discovery' 'costs Reserved']

Case Brief

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Procedural Posture

Federal Court Proceeding / Ex Tempore Judgment Concerning Hearing Dates and Discovery

Legal Issues

  1. 1 ['Whether the matter was ready to proceed on the three hearing days fixed for the following week.' 'Whether orders for further discovery should be considered without a proper notice of motion.' 'What costs order should be made in relation to vacating the hearing dates.']

Ratio Decidendi

Because there were considerable outstanding matters, recent affidavit material containing numerous assertions requiring documentary testing, further discovery at a very late stage, and the hearing was unlikely to finish within the three days fixed, it would be unfair to proceed on the fixed dates; the hearing dates should be vacated and the discovery issue stood over until a proper notice of motion is filed.

Court Disposition

Hearing dates vacated; discovery issue stood over; costs reserved.

Orders

  • ['The hearing dates presently fixed are vacated.' "The matter is to be listed for hearing on a date to be fixed by arrangement with the judge's associate." 'The claim for further discovery in relation to particular categories is stood over until a notice of motion has been filed.' 'The costs of the vacation of the...