Hong v Liew [2014] FCA 40

Hong v Liew [2014] FCA 40

The adjournment of the trial date is allowed given consent from all parties and recognition of the applicant's solicitor's failures, but a self-executing order is imposed to strike out the application and Statement of Claim in the event of further non-compliance, in order to uphold the Court's duty to manage litigation fairly and in the interest of all parties and the community.

Jurisdiction
Australia
Judgment Date
05 February 2014
Procedural Posture
Civil / Case Management Conference; Orders for Adjournment and Pre Trial Timetable
Outcome
Adjournment of trial granted; self-executing order imposed for dismissal in event of further non-compliance; applicant to pay respondents' costs of case management conference forthwith, on an indemnity basis.
Legal Topics
['failure to Comply With Orders' 'adjournment' 'self Executing Order' 'case Management']
['practice and Procedure'] ['failure to Comply With Orders' 'adjournment' 'self Executing Order' 'case Management']

Case Brief

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Procedural Posture

Civil / Case Management Conference; Orders for Adjournment and Pre Trial Timetable

Legal Issues

  1. 1 ['Should the trial date be adjourned due to repeated failures to comply with orders?' 'Should a self-executing order dismissing the application be imposed for further non-compliance?']

Ratio Decidendi

The adjournment of the trial date is allowed given consent from all parties and recognition of the applicant's solicitor's failures, but a self-executing order is imposed to strike out the application and Statement of Claim in the event of further non-compliance, in order to uphold the Court's duty to manage litigation fairly and in the interest of all parties and the community.

Court Disposition

Adjournment of trial granted; self-executing order imposed for dismissal in event of further non-compliance; applicant to pay respondents' costs of case management conference forthwith, on an indemnity basis.

Orders

  • ['Orders 7 to 18 of the order made 27 March 2013, and the order made 19 July 2013, vacated.' 'Matter listed for mediation before Registrar between 15 April 2014 and 30 April 2014.' 'Detailed timetable for evidence and expert reports set for Applicant and Respondents.' 'Expert witnesses required to confer and produce...