Meehan, W J & Anor v Stockmans Australian Cafe (Holdings) Pty Ltd (Subject to Deed of Company Arrangement) & Anor [1996] FCA 996

Meehan, W J & Anor v Stockmans Australian Cafe (Holdings) Pty Ltd (Subject to Deed of Company Arrangement) & Anor [1996] FCA 996

Despite prejudice to the applicants and the public interest in preserving listed trial dates, it would be unreasonable to permit complex proceedings to proceed to trial where the second respondent was not represented for trial, appeared unable to fund representation, and the amounts available for satisfaction of claims against either respondent were likely to be relatively small; therefore the trial dates should be vacated and the proceedings adjourned.

Jurisdiction
Australia
Judgment Date
24 October 1996
Procedural Posture
Motion Seeking Vacation of Trial Dates and Adjournment / Interlocutory Motion Shortly Before Trial
Outcome
Trial dates vacated; proceedings adjourned for further mention; costs orders made.
Legal Topics
['vacation of Trial Dates' 'adjournment' 'costs Thrown Away' 'deed of Company Arrangement' 'court Time Management']
['civil Procedure' 'corporations and Insolvency'] ['vacation of Trial Dates' 'adjournment' 'costs Thrown Away' 'deed of Company Arrangement' 'court Time Management']

Case Brief

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Procedural Posture

Motion Seeking Vacation of Trial Dates and Adjournment / Interlocutory Motion Shortly Before Trial

Legal Issues

  1. 1 ['Whether the dates allocated for the trial should be vacated two working days before the trial was due to commence.' 'Whether the proceedings against the second respondent should be adjourned where he lacked legal representation for the trial and had limited means.' 'Whether costs thrown away should be ordered as a consequence of vacating the trial dates.']

Ratio Decidendi

Despite prejudice to the applicants and the public interest in preserving listed trial dates, it would be unreasonable to permit complex proceedings to proceed to trial where the second respondent was not represented for trial, appeared unable to fund representation, and the amounts available for satisfaction of claims against either respondent were likely to be relatively small; therefore the trial dates should be vacated and the proceedings adjourned.

Court Disposition

Trial dates vacated; proceedings adjourned for further mention; costs orders made.

Orders

  • ['The dates allocated for the trial of the action, being 28 October 1996 to 1 November 1996, be vacated.' 'The second respondent pay the costs of the applicants thrown away in consequence of that order.' "The second respondent pay the applicants' costs of this motion." "The applicants pay the first respondent's...