Consolidated Credit Network v Illawarra Retirement Trust

Consolidated Credit Network sought to enforce a contract for specific performance against Illawarra Retirement Trust. The matter was to be heard on an expedited basis. The Trust did not file its affidavit in response until after the time specified in earlier directions. Consolidated Credit Network applied to strike out the affidavit on the basis of the late filing. The Trust applied for an adjournment to enable it to respond to the affidavit filed by Consolidated Credit Network. The primary judge refused the application to strike out and dismissed the application for an adjournment. The Trust appealed from the primary judge's orders.
The appeal raised questions concerning the application of the Uniform Civil Procedure Rules in relation to late filing of affidavits, the onus of proof in relation to equitable remedies, and the interaction between the Uniform Civil Procedure Rules and the requirements of equity. The court considered the nature of the matter, the significance of the expedited hearing, and the earlier directions. It concluded that the Trust had failed to establish any grounds to permit the late filing of the affidavit. The court found that Consolidated Credit Network had discharged the onus of proving that it was ready, willing and able to perform the contract. The Trust's appeal was dismissed.

The court made no orders in relation to costs.