Custom Credit Corporation Limited v Cenepro Pty Limited

In the High Court of Australia, Custom Credit Corporation Limited was the respondent to a summons filed by the applicants, Cenepro Pty Limited, William John Jamieson, and Glenn Stewart Pearson. The applicants sought orders, including an application for expedition, to have their matter heard as early as possible.

The primary legal issue before the Court was the appropriate course of action regarding the applicants' summons, particularly concerning the expedition of their case and the Court's power to interfere with orders made by a lower appellate court. The applicants sought to have their matter listed for hearing on 4 October 1991, and to have an appointment for the settlement of the index made promptly.

The Court noted that it would be a rare circumstance for the High Court to interfere with orders made by a Court of Appeal unless there had been a material change in circumstances. However, the Court acknowledged the applicants' desire for the earliest possible hearing and made inquiries regarding the court's availability. The Court ultimately decided not to make orders 1, 2, or 3 of the summons, but recorded its understanding that the matter could be heard in the special leave list on 4 October 1991, and that an appointment for the settlement of the index could be made.

The Court made an order that the costs of the application be costs in the application for special leave to appeal and certified for the attendance of counsel. The summons was otherwise adjourned sine die.