Video Ezy International Pty Ltd v Wesdijk

[2013] QDC 231

[2013] QDC 231

DISTRICT COURT OF QUEENSLAND

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2712 of 2010

VIDEO EZY INTERNATIONAL PTY LTD                Plaintiff

and

JASON RICHARD WESDIJK    
and ANOTHER  Defendants

BRISBANE

1.12 PM, FRIDAY, 6 SEPTEMBER 2013

JUDGMENT

HIS HONOUR:   This matter on the commercial list was last reviewed on the 25^th of June, when directions were given to facilitate the hearing of the proceeding at a trial on the 11^th, 12^th and 13^th of November this year.  If a trial then has not yet been directed, I do so now.  It’s been the assumption for some time that those would be the trial dates.  Today’s review, which was ordered on the 25^th of June, sees the defendants unrepresented except by Mr Wardrobe who’s the Town Agent for their solicitors.  He’s instructed that the principal solicitors have lost contact with their clients and can’t get instructions. 

The defendants have failed to comply with orders made by me on the last occasion to file and serve a supplementary list of documents by the end of July, and also any expert reports they might intend to rely on.  The plaintiff was given until the beginning of this week to produce expert reports in response.  Mr Kissane for the plaintiff adopts what I think is the obviously sensible course of seeking that the trial dates be confirmed and the matter proceed to trial.  There’s been discussion of having the defence and counter-claim struck out and the like.  There’s no application in that regard to date, and it seems to me that, in the circumstances of the defendants being uncontactable, any future application of the kind Mr Kissane would need to make would all be unacceptably difficult and likely unproductive, from the point of view of bringing this proceeding to an end. 

Mr Wardrobe asked whether the court would consider extending times for the defendants to take the steps indicated.  I’m strongly disinclined to do that, but I’ve made it clear that, at the next mention or review of this proceeding, which will occur on the 15^th of October, if the defendants have got into belated compliance with the court’s order, then the likelihood is that they would be indulged by being permitted to rely on relevant material.  The condition of all that is that it would still be feasible and fair for the plaintiff to be ready for trial on the dates indicated.  Sorry, my associate tells me I indicated the 15^th of October as the date for the mention, which is the date I have actually written in my book thinking it might be sensible to avoid the Monday.  The next review date will be the 14^th of October 2013, the earliest practicable date, and a suitable time ahead of the trial.

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