Heritage Bank Limited v Gleeson (No 2)

In the Federal Circuit Court, the plaintiff, Heritage Bank Limited, filed a proceeding against the first and second defendants in relation to a dispute over a guarantee agreement. The bank sought payment from the defendants for an amount owed under the agreement. The first and second defendants, in turn, filed an application to set aside certain orders of the court and to have the case dismissed. They sought to have the application heard on the papers without the need for an oral hearing. However, the application had not been served on the plaintiff at the time of the hearing.

The court had to decide whether to allow the application to be heard on the papers without serving the application on the plaintiff and, if so, whether an oral hearing was necessary. The court also had to consider the appropriate time frame for re-listing the application if it was to be adjourned.

The court found that the application should not be heard on the papers and that it was necessary to serve the application on the plaintiff. It was also appropriate to require that any further hearing of the application be conducted orally, to allow both parties to present their arguments and evidence. The court considered that it was necessary to provide a sufficient time frame for the plaintiff to respond to the application, and therefore ordered that the application could not be re-listed until at least five business days after service of the application and supporting material on the respondent. If the matter was re-listed, it was to be re-listed in the applications list for mention only. The application was adjourned to a date to be fixed.

In summary, the court held that the application could not be heard on the papers without serving the application on the plaintiff, and that any further hearing should be conducted orally. The application could not be re-listed until at least five business days after service of the application on the plaintiff, and if re-listed, it was to be re-listed in the applications list for mention only. The application was adjourned to a date to be fixed.