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[1996] FCA 1199
Federal Court of Australia
1996-09-10
Lockhart J
Original judgment source is linked above.
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 194 of 1996 ) )
AND: AUSTRALIAN SOCIETY OF CERTIFIED PRACTISING ACCOUNTANTS
This is a motion to vacate the hearing of an appeal fixed for hearing this week on Thursday, 12 September, 1996. I will not review the evidence from the submissions, except to say that the application was put primarily on the following grounds. First, the solicitor formerly acting for the appellant ceased to act last week and another solicitor has been retained. Secondly, although counsel presently appearing for the appellant had been in the matter earlier, it is an association which has not been a constant one; there were other counsel also involved in the matter. Also, counsel informs me that the appellant wishes to amend the notice of
Although counsel for the appellant has said all that can be said in relation to the motion, which is opposed, I can only say that I think the case in support of vacating the date
is a very weak one indeed; but at the end of the day the Court
wants all the assistance it can get from counsel in a matter such as this, which does involve issues of fact albeit possibly involving questions of mixed fact and law. Accordingly, I think the best course to take is to vacate the fixture but on terms that the appellant will pay the costs of the respondent on an indemnity basis that have been thrown away by reason of the adjournment. The matter will be fixed
I direct that any amended notice of appeal be filed and served by 4 October 1996 and I make the usual order for written submissions. I also direct that any amendments required to the appeal papers be placed in a supplementary appeal book to be filed and served by 11 October 1996. The matter shall be listed for further directions on Friday, 18 October 1996 at 9.30am. And I order the appellant to pay the costs of the respondent on an indemnity basis of today's motion and the costs that are thrown away by reason of the adjournment of the hearing of the appeal. Those costs may be
taxed and paid before the completion of the appeal.
preceding page are a true copy of the reasons for judgment herein of the Honourable Justice
Counsel for the Applicant Solicitors for the Applicant Counsel for the Respondent Solicitors for the Respondent Date of Hearing