HWY Rent Pty Ltd v HWY Rentals Pty Ltd [2014] FCA 65 | Case summary

INtroduction 1 This proceeding last came before me for directions on 20 December 2013. At those directions, I made orders setting a timetable for the preparation of the hearing of the application for an extension of time within which to appeal, and listed that application to be heard by me on 23 April 2014. I also made directions setting a timetable for the progression of related proceedings NSD 2191 of 2013. Both Mr Russell Alan Jarvie and his mother Mrs Patricia Anne Jarvie appeared without legal representation at the directions hearing on 20 December 2013. 2 The respondents in this proceeding were represented by counsel at the directions hearing today with their solicitors also present. At the commencement of the hearing the matter was duly called on for directions and, on my instruction, the court officer on duty also called the matter in the foyer outside the court room. None of HWY Rent Pty Ltd, Mr Jarvie or Mrs Jarvie appeared before me today. In making my orders notwithstanding the failure by any of the respondents to appear, I have taken into account a number of matters that I set out in these short reasons.

Reasons for making the orders to relist the application for an extension of time and adjust the timetable 11 First, in the circumstances, I consider it appropriate to make orders listing the application for an extension of time on an earlier date than previously set down for the reasons foreshadowed in the email from my associate on 24 December 2013, namely, in order to ensure that the matter can be listed in time to be heard in the Full Court period in August 2014 should the application be successful. 12 Secondly, I am satisfied that the correspondence to which I have referred above was sent to the applicants in accordance with orders made by me on 20 December 2013. 13 Thirdly, in adjusting the timetable, I have endeavoured to ensure that any contraction of time within which the applicants must file and serve their materials has been kept to a minimum. In other words, I have sought to minimise the impact that the change in the hearing date will have on the applicants' ability to prepare for hearing. 14 I therefore consider it appropriate to list the matter for hearing on the earlier date as now so ordered and adjust the timetable to accommodate the earlier hearing as reflected in the orders made by me. I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perry.

HWY Rent Pty Ltd v HWY Rentals Pty Ltd