Skinner and Cluny (No. 3)
[2011] FamCA 723
Citation 1
…It disavowed statements of principle contained in the court’s previous decision in Queensland v JL Holdings Pty Ltd[12] and held as follows: [12] (1997) 189 CLR 146 (a) Courts must now consider the wider public interest and the efficient use of limited court resources when deciding whether to grant an application to…
Aon Risk Services Australia Ltd v Australian National University
[2009] HCA 27
Citation 2
…bench in front of her, at the time of the incident. 11 Mr Richards opposed the application for adjournment on the grounds: [6] [2009] HCA 27 [7] [2009] VSC 552 (a) The situation was brought about by the failure of the defendant to abide by the rules of discovery, and to permit a new trial would create a substan…
Gerlach v Clifton Bricks Pty Ltd
[2002] HCA 22
Citation 3
…her mode of trial before a Judge sitting alone, or a judge and jury is inherently more just than the other.[17] [17] Gerlach v Clifton Bricks Pty Ltd (2002) 188 ALR 353 at 356 26 In my view, justice could be achieved by the trial continuing as a cause. However, I bear in mind the principle that a party entitled to tr…
Patton v Buchanan Borehole Collieries Pty Ltd
[1993] HCA 23
Citation 4
…of the words supports: Pezzimenti v Seamer (1995) 2 VR 32 at 38 per Brooking J, referring to Patton v Buchanan Borehole Collieries Pty Ltd (1993) 178 CLR 14 at 17. In State of Victoria v Psaila (BC 9907905) [1999] VSCA 193, notwithstanding that the defendant has signified the desire for trial with a jury in accorda…
Tinworth v WV Management Pty Ltd
[2009] VSC 552
Citation 5
…her, at the time of the incident. 11 Mr Richards opposed the application for adjournment on the grounds: [6] [2009] HCA 27 [7] [2009] VSC 552 (a) The situation was brought about by the failure of the defendant to abide by the rules of discovery, and to permit a new trial would create a substantial prejudice to h…