Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1983] FCA 59

Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1983] FCA 59

The hearing date was not vacated because the proceeding had commenced almost five years earlier, the hearing date had been fixed six months in advance and was still six weeks away, six weeks was sufficient time to obtain suitable senior counsel from an available Bar, other parties' representation would likely be affected by any adjournment, and fixing a new suitable hearing date would be extremely difficult for many months.

Jurisdiction
Australia
Judgment Date
31 March 1983
Procedural Posture
Notice of Motion in Federal Court Proceedings / Interlocutory Application to Vacate Hearing Date
Outcome
Motion dismissed.
Legal Topics
['adjournment of Trial' 'vacating Hearing Date' 'availability of Senior Counsel' 'interlocutory Costs']
['civil Procedure'] ['adjournment of Trial' 'vacating Hearing Date' 'availability of Senior Counsel' 'interlocutory Costs']

Case Brief

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Procedural Posture

Notice of Motion in Federal Court Proceedings / Interlocutory Application to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date fixed for 17 May 1983 should be vacated because senior counsel briefed for the first, fifth and seventh defendants would not be available until about the end of June.' 'Whether the applicants should pay costs occasioned by the notice of motion.']

Ratio Decidendi

The hearing date was not vacated because the proceeding had commenced almost five years earlier, the hearing date had been fixed six months in advance and was still six weeks away, six weeks was sufficient time to obtain suitable senior counsel from an available Bar, other parties' representation would likely be affected by any adjournment, and fixing a new suitable hearing date would be extremely difficult for many months.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed and the hearing is to remain fixed, to commence on 17 May 1983.' 'The applicants are to pay the costs of the plaintiff and the second, sixth, eighth and ninth defendants in the action, insofar as those costs are occasioned by this notice of motion.']