Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 2)

The case between Cantarella Bros Pty Ltd and Lavazza Australia Pty Ltd involved a dispute over the grant of leave for Lavazza to adduce and rely on affidavit evidence that was served out of time. Cantarella opposed the application and sought additional conditions on the grant of leave. The primary legal issue was whether the Court should impose additional conditions on the grant of leave made on 8 June 2021. The Court considered whether there was a material change in circumstances or the discovery of new material since the original application was heard.

The Court found that the grant of leave was an interlocutory order that was not of the same character as orders made after a contested hearing, such as appointing a provisional liquidator or granting a stay of proceedings. However, the application for leave raised an important question about whether Lavazza should be permitted to lead evidence served outside the provided timeframe. The application was of substantial nature, and the hearing was strenuously opposed by Cantarella. The Court found that the application was not of a merely procedural nature but rather an important question in the proceeding.

In conclusion, the Court decided that the applicant's application for the imposition of additional conditions on the grant of leave given to the respondents on 8 June 2021 to adduce and rely on further affidavit evidence be refused. The Court found that there was no material change in circumstances or the discovery of new material since the original application was heard. The Court's decision was based on the substantial nature of the application and the importance of the question raised.