Gambotto & Anor v WCP Limited

The parties before the High Court of Australia were Giancarlo Gambotto and Eliana Sandri, the applicants, and WCP Limited (referred to as ACMEX INVESTMENTS (NO.4) PTY in the transcript), the respondent. The dispute concerned an application for expedition of a hearing. Mr. Gambotto appeared as a self-represented applicant, while Mr. Lewis of Norton Smith & Co acted for the respondent.

The primary legal issue before the Court was whether to grant an order for expedition of the hearing of the matter. Mr. Gambotto sought to have the case heard sooner rather than later, while the respondent, while not objecting to a date being fixed, expressed a concern about potential prejudice, specifically the availability of their counsel, Mr. Emmett.

The Court, presided over by His Honour, addressed the procedural requirements for an expedition application, noting that an affidavit setting out the justifying facts was typically required. However, His Honour sought to expedite the process. A key factor in the decision was the unexpected availability of a hearing date on 21 April, which had become free due to the discontinuation of another case. After confirming the suitability of this date with both parties, and noting that the respondent's counsel, Mr. Emmett, had confirmed his availability, the Court proceeded to fix the hearing date.

The Court ordered that the hearing of the appeal be fixed for 21 April, subject to the usual caveats regarding part-heard cases. The costs of the application for expedition were also ordered to be costs in the cause. Both parties indicated that the case was not expected to extend beyond one day.