Porter, in the matter of Slater (No 2)

Michael Wilson and Partners Limited, a law firm, sought a temporary stay of proceedings and an adjournment against the Australian representatives of the trustee in bankruptcy of a former employee, Mr. Slater. The application was dismissed, and the firm was ordered to pay costs. The court dismissed the application for a stay of proceedings pending the determination of proceedings in other jurisdictions and the completion of investigations by local representatives of the trustee in bankruptcy. The court also refused the application, in the alternative, for an adjournment of the hearing. The firm had been engaged in litigation across multiple jurisdictions for over a decade, involving several parties and entities. The current proceedings related to claims for contribution and declarations regarding a partnership formed by former employees of the firm. The court found that the firm had caused additional costs for the Australian representatives and ordered the firm to pay their costs of the interim application and the application for an adjournment.

The court's decision was based on the extensive evidence and submissions presented by the parties, which included affidavits, contracts, and judgments from previous proceedings. The court noted that the firm's application for a stay was prolix and included irrelevant material, but the Australian representatives did not object to the evidence except to note that they would make submissions as to the weight to be given to it. The court concluded that the firm had not provided sufficient grounds for a stay or an adjournment and that it should pay the costs incurred by the Australian representatives. The court made orders dismissing the interim application, refusing the application for an adjournment, and requiring the firm to pay the costs of both applications. The matter was then adjourned for further hearing.