Australian International Aviation College Pty Ltd v Zheng
[2025] NSWCA 190
Para 11
…175; [2009] HCA 27 at [25] (French CJ), [98]-[102], [113]-[114] (Gummow, Hayne, Crennan, Kiefel and Bell JJ); Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36] (Allsop ACJ, Campbell and Young JJA agreeing); Halpin v Lumley General Insurance Ltd (2009) 78 NSWLR 265; [2009] NSWCA 372 at [28]-[30] (Bast…
Chief Commissioner of State Revenue v Uber Australia Pty Ltd
[2025] NSWCA 172
Para 406
…wa Pty Ltd [2018] WASCA 29 at [53]; Ney v R [2023] NSWCCA 252 at [3] (although cf [4], [73]-[75], [113]); Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [37]-[38]; DXH (A Pseudonym) v R [2023] NSWCCA 140 at [28]; Moreno v R [2023] NSWCCA 149 at [37]).…
WJT v Trustees of the Marist Brothers; WXC3 v Trustees of the Marist Brothers; GAC v Trustees of the Marist Brothers (No 3)
[2025] NSWSC 838
Para 27
…of case management (ss 56 and 57) is “statutorily compulsory” pursuant to s 58(2)(a) of the CPA: see Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [38].…
Julie (a pseudonym) v John (a pseudonym) (No 2)
[2025] NSWSC 588
Para 162
…les dealing with applications under s 61(3)(a) of the CPA are addressed in a number of authorities, including Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 ( Hans Pet ). [176] In that case, Allsop ACJ (Campbell and Young JJA agreeing) emphasised that, in exercising its powers under s 61(3), the Court mus…
Abraham v Goldberg
[2025] NSWSC 473
Para 89
…and the elimination of delay Civil Procedure Act s 59, citing Rathman v Bimson [2010] NSWSC 338 and Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230. He submits that parties who default in compliance with the Court’s directions can, in accordance with authority, properly be left to bear the consequences…
Jiang v Han (No 3)
[2025] NSWSC 452
Para 53
…ct consequence often being that the defendant is in the same position as if it had never filed a defence: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [52]-[53]. It is one which must now be exercised in accordance with the requirements of the Civil Procedure Act earlier discussed.…
SA (a pseudonym) v Hatfield
[2025] NSWDC 56
Para 26
…His Honour also referred to the Court of Appeal decision in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230. Black J in HP Mercantile , concluded that in the light of the matters in that case, it would not be consistent with the just, quick and cheap resolution of the real issues in dispute in the proceedi…
Michael Wilson & Partners v Emmott
[2024] NSWCA 269
Para 28
…ary judge erred in setting a final hearing date without balancing the justice between the parties (citing Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [37]-[41]). The applicant submits that a correct balancing of justice between the parties would have the hearing dates reset from at least March 2…
Zhou v Birriga Holding Pty Ltd
[2024] NSWSC 1425
Para 61
…les dealing with applications under s 61(3)(a) of the CPA are addressed in a number of authorities, including Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 ( Hans Pet ) at [36]-[41]. In that case, Allsop ACJ (Campbell and Young JJA agreeing) emphasised that, in exercising its powers under s 61(3), the Co…
Workers Compensation Nominal Insurer v Arab
[2024] NSWDC 523
Para 36
…ant considerations, have to be viewed in the light of these statutory provisions. As Allsop ACJ said in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36], those statutory provisions "bring about a new statutory balance among various factors in litigation including court and party efficiency and t…
Tonk Sydney Pty Ltd v ILend Capital Pty Ltd
[2024] NSWSC 1350
…ian Runoff Ltd [2005] NSWSC 1339; Dennis v Australian Broadcasting Corporation [2008] NSWCA 37; Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230; Bi v Mourad [2010] NSWCA 17 at [47]; Richards v Cornford (No 3) [2010] NSWCA 134; McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308. In McMahon v John…
Zioukin v Frank Bellissimo trading as Bellissimo Lawyers and Studio Legale
[2023] NSWDC 539
…rned Judicial Registrar had this in mind, and recent decisions, including the decision of this Court in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 make it clear that this must be the approach adopted. In my view, the learned Judicial Registrar considered the factors and she made her discretionary…
Kyriacou v Makis (No 3)
[2023] NSWSC 1098
Para 36
…4]–[156]). I also have regard to the Court of Appeal’s observations in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36], which emphasise the significance of case management requirements for the community and the Court system generally. [12] Subsequently, in UBS AG…
McMillan Investment Holdings Pty Limited v Mangos
[2023] NSWSC 1078
Para 34
…regard to both ss 56 and 57 is “statutorily compulsory” pursuant to s 58(2)(a) of the CPA: see Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [38].…
Ghambir v Vision of It Pty Ltd
[2023] NSWSC 905
…rned Judicial Registrar had this in mind, and recent decisions, including the decision of this court in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 make it clear that that must be the approach adopted. In my view, the learned Judicial Registrar considered the factors and she made her discretionary…
Burge v Lake Macquarie City Council
[2023] NSWDC 191
Para 36
…also have regard to the Court of Appeal’s observations in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36], which emphasise the significance of case management requirements for the community and the Court system generally.”…
Skues v The Sydney Children's Hospital Network
[2022] NSWSC 1128
Para 24
…regard to both ss 56 and 57 is “statutorily compulsory” pursuant to s 58(2)(a) of the CPA: see Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [38] (Allsop ACJ).…
Jones v Riley
[2022] NSWDC 323
Para 49
…ant considerations, have to be viewed in the light of these statutory provisions. As Allsop ACJ said in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36], those statutory provisions “bring about a new statutory balance among various factors in litigation including court and party efficiency and t…
Everts v Liepins
[2022] NSWSC 1021
Para 15
…nding that they may have adverse effects on the claims of individual parties in particular circumstances: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [37] (Allsop ACJ). Also see UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45 at [38] (Kiefel CJ, Bell and Keane JJ).…
Sandra Elizabeth Lester v Terrence Myles Brown
[2022] NSWSC 716
Para 35
…nding that they may have adverse effects on the claims of individual parties in particular circumstances: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [37] (Allsop ACJ). Also see UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45 at [38] (Kiefel CJ, Bell and Keane JJ).…
Re Graziers Pastoral Pty Ltd
[2021] NSWSC 1680
Para 11
…-[156]). I also have regard to the Court of Appeal’s observations in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36], which emphasise the significance of case management requirements for the community and the Court system generally.…
Mehajer v Seven West Media
[2021] NSWDC 379
…ent of Simpson J in Hoser v Hartcher [1999] NSWSC 527 may be somewhat too generous to the claimants: cf Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230; Aon Risk Services Pty Limited v Australia National University [2009] HCA 27, 239 CLR 175; Civil Procedure Act , ss 56–60. In any event, her Honour's s…
Blue Mirror Pty Ltd v Pegasus Australia Developments Pty Ltd
[2021] NSWSC 961
…] NSWCA 37; Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 at [160]-[161]; Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230; Halpin v Lumley General Insurance Ltd [2009] NSWCA 372; Bi v Mourad [2010] NSWCA 17; Richards v Cornford (No 3) [2010] NSWCA 134."…
Pye v Pye
[2021] NSWSC 686
Para 35
…nding that they may have adverse effects on the claims of individual parties in particular circumstances: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [37] (Allsop P). Also see UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45 at [38] (Kiefel CJ, Bell and Keane JJ).…
Tomic v Parker
[2021] NSWSC 523
Para 49
…ings pursuant to that section is expressly subject to s 58: Civil Procedure Act , s 58(1)(iv); see also Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36]-[37]. Section 58 provides:…
Re Sirrah Pty Ltd (in prov liq)
[2021] NSWSC 413
Para 54
…e a substantial deferral of that hearing. I also have regard to the Court of Appeal’s important judgment in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 (at [36]), where Allsop ACJ observed that the provisions of the Civil Procedure Act to which I have referred above are intended to bring about:…
Dickson v State of NSW
[2021] NSWSC 234
Para 20
…cumstances of this case, that assessment must be informed by the just determination of the issues in dispute: Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36] to [47].…
In the matter of Australian International Yacht Club Limited
[2020] NSWSC 1884
Para 20
…R 175. The question has also been considered by the Court of Appeal in several cases, including, for example, Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 to which I also have regard.…
In the matter of K R and Sons Pty Ltd
[2020] NSWSC 1747
Para 12
…concerning the Court’s case management powers including the observations of the Court of Appeal in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230, a decision which has been cited on many occasions.…
In the matter of Humur Pty Limited
[2020] NSWSC 1759
Para 65
…e case law, including Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 and Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36].…
CCGF Holdings Pty Ltd v Coegi Group Pty Ltd
[2020] FCA 1402
Para 16
…ctors in litigation including court and party efficiency and the delivery of individual justice”: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36]. Consideration…
Barlow v St Vincent's Hospital Sydney Limited
[2020] NSWDC 500
Para 46
…r in mind that the dismissal of an action is ‘an extreme measure to be taken as a last resort’: Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [46] per Allsop P and [52] per Young JA.”…
Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3)
[2020] FCA 1202
Para 13
…s factors in litigation including court and party efficiency and the delivery of individual justice”: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [36]. THE EVIDENCE…
Cutting Edge Services Pty Ltd v Raymond and Therese Penfold
[2020] NSWSC 1012
Para 39
…As Allsop ACJ (as his Honour then was) put it in Hans Pet Construction Pty Limited v Cassar [2009] NSWCA 230 at [38], regard to the requirements of ss 56 and 57 is “statutorily compulsory”.…
Dr & De Holdings Pty Ltd v Marchant
[2020] NSWSC 912
Para 21
…pose prescribed by s 56 of the Civil Procedure Act ought not to involve a concept of punishment. [21] 21. See Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230, and at first instance: Cassar v Hans Pet Constructions Pty Ltd [2008] NSWSC 1386.…
Schwerdtfeger v Western NSW Local Health District
[2020] NSWDC 30
Para 41
…ns 56 and 57 and the matters in s 58(2) are referred to. I also take into account the comments of Allsop P in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36]-[47].…
In the matter of Beverage Freight Services Pty Ltd
[2019] NSWSC 1684
Para 11
…fendants. I also have regard to the observations of the Court of Appeal in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36], which emphasised the significance of delay, not only for the parties, but for the interests of justice more generally and other parties with…
Scott v Baring
[2019] WASC 278
Para 2
…iscussion in cases in this jurisdiction. It has been mentioned in other jurisdictions on three occasions: see Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230; Schnabel v Lui [2002] NSWSC 15 and Cochrane v Mr Juicy Fruit Juices Pty Ltd (1981) 37 ACTR 44. In the latter two cases the principle was stated and…
Smith v Shilkin (No 2)
[2019] NSWSC 969
Para 5
…cordance with these sections, despite the fact that regard to each is statutorily compulsory: s 58(2)(a); Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230, per Allsop ACJ (as his Honour then was), at [38].…
In the matter of The Oak Hotel Cessnock Pty Limited
[2019] NSWSC 354
Para 16
…ssues in dispute in the proceedings. I must also bear in mind the matters to which Allsop ACJ referred in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230, namely that the effect of case management may, on occasion, be the cause of disadvantage to individual parties, in order to promote the community’s inte…
Chelmer NZ Ltd v Financial and Energy Exchange Ltd
[2019] NSWDC 25
…NSWCA 37; Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 at [160]- [161]; Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230; Halpin v Lumley General Insurance Ltd [2009] NSWCA 372; Bi v Mourad [2010] NSWCA 17; Richards v Cornford (No 3) [2010] NSWCA 134. [22] 22. [2014] NS…
In the matter of Polish Club Limited
[2019] NSWSC 708
Para 14
…I have also had regard to the observations of the Court of Appeal in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36], which emphasised the significance of delay, not only for the parties, but for the delay of justice more generally, and other parties with proceedi…
In the matter of Bishay Developments Pty Ltd
[2019] NSWSC 29
Para 6
…lications. I have also had regard to the Court of Appeal's observations in Bi v Mourad [2010] NSWCA 17 and in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [36], which also emphasised the significance of case management requirements for the community and the Court system generally.…
Rickhuss v The Cosmetic Institute Pty Ltd
[2018] NSWSC 1848
Para 30
…the achievement of the overriding purpose. As the Court (Allsop P, Campbell and Young JJA agreeing) noted in Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [38], both ss 56 and 57 are “ statutorily compulsory ” considerations. A court will err in law if it fails to take them into account: Halpin & Ors…
Galati v Deans (No 2)
[2018] NSWSC 1813
Para 58
…ecognise that regard to both ss 56 and 57 of the Civil Procedure Act is “statutorily compulsory” (see Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [38] per Allsop ACJ (as his Honour then was), with whom Campbell and Young JJA agreed).…
Monti v Roads and Maritime Services (No 2)
[2018] NSWLEC 178
…] NSWCA 37; Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 at [160]-[161]; Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230; Halpin v Lumley General Insurance Ltd [2009] NSWCA 372; Bi v Mourad [2010] NSWCA 17; Richards v Cornford (No 3) [2010] NSWCA 134.…
Menz v Wagga Wagga Show Society Inc
[2018] NSWSC 1326
Para 12
…isers and that, having regard to s 58 of the Civil Procedure Act 2005 and what has been said in cases such as Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 at [43] to [47], it is appropriate to allow the present application. While I accept the force of that decision, it does not appear to me to assist th…
In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412)
[2018] NSWSC 1265
Para 4
…that order or direction. I also have regard to the fact that those principles reflect, as Allsop ACJ noted in Hans Pet Construction Pty Ltd v Cassar [2009] NSWCA 230 at [37], recognition that the provision of timely individual justice is an important aspect of the provision of justice in proceedings, and that dela…
Watson v Hannover Life Re of Australasia Limited
[2018] NSWSC 877
Para 37
…nding that they may have adverse effects on the claims of individual parties in particular circumstances: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 at [37] (Allsop P). … … The Court is not required to indefinitely delay the completion of the hearing in the hope that he might change his mind and a…
Marina Blue Pty Limited v Gear
[2018] NSWSC 824
…rdian Runoff Ltd [2005] NSWSC 1339; Dennis v Australian Broadcasting Corporation [2008] NSWCA 37; Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 ; Bi v Mourad [2010] NSWCA 17 at [47]; Richards v Cornford (No 3) [2010] NSWCA 134; McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308. In McMahon v Jo…