Stanford v DePuy International Ltd (No 2) [2014] FCA 505

Stanford v DePuy International Ltd (No 2) [2014] FCA 505

It is inefficient to split the hearing over two periods separated by six or seven months; the hearing dates from 2 June 2014 to 1 August 2014 should be vacated, and the applicants should pay respondents' costs thrown away by the vacation.

Jurisdiction
Australia
Judgment Date
15 May 2014
Procedural Posture
Representative Proceedings / Directions Hearing; Interlocutory Order
Outcome
Hearing dates vacated; applicants ordered to pay respondents' costs thrown away.
Legal Topics
['vacation of Hearing Dates' 'costs Thrown Away' 'case Management']
['civil Procedure'] ['vacation of Hearing Dates' 'costs Thrown Away' 'case Management']

Case Brief

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Procedural Posture

Representative Proceedings / Directions Hearing; Interlocutory Order

Legal Issues

  1. 1 ['whether to vacate hearing dates' 'whether to split the hearing with a substantial adjournment' 'whether applicants should pay costs thrown away']

Ratio Decidendi

It is inefficient to split the hearing over two periods separated by six or seven months; the hearing dates from 2 June 2014 to 1 August 2014 should be vacated, and the applicants should pay respondents' costs thrown away by the vacation.

Court Disposition

Hearing dates vacated; applicants ordered to pay respondents' costs thrown away.

Orders

  • ['The hearing dates for the period 2 June 2014 to 1 August 2014 be vacated.' "The applicants pay the respondents' costs, if any, thrown away by reason of the vacation of those hearing dates."]