Lejmanoski v The University of Western Australia (No. 3)

The parties to this proceeding were Mr. Lejmanoski (the applicant) and The University of Western Australia (the respondent). The dispute concerned an adverse action claim and a breach of contract claim. The application was heard by Luce J of the Supreme Court of Western Australia.

The court was required to determine whether to grant an adjournment of the hearing. This question arose in circumstances where there had been delays in resolving discovery, which had impacted a previously agreed timetable. The court also considered whether there was sufficient time for the remaining pre-hearing steps to be completed and whether compressing the timetable for these steps would be fair or in the interests of justice. Further, the court considered the effect of a proposed amended defence, which contained substantial admissions of liability and narrowed the disputed matters, on the question of adjournment and whether a referral for further mediation was appropriate.

Luce J reasoned that the delays in discovery had significantly disrupted the agreed timetable. While the proposed amended defence narrowed the issues, the court found that the remaining pre-hearing steps, including the preparation for a trial that was still anticipated to be complex, could not be adequately completed within the compressed timeframe without compromising fairness and the interests of justice. The court considered that an adjournment was necessary to allow for proper preparation and to ensure a just resolution of the remaining disputed matters.

The court ordered that the hearing be adjourned.