Napiat Pty Ltd v Salfinger [2011] FCA 1088

FEDERAL COURT OF AUSTRALIA

Napiat Pty Ltd v Salfinger [2011] FCA 1088 Citation: Napiat Pty Ltd v Salfinger [2011] FCA 1088

Parties: NAPIAT PTY LTD v RODERICK NEIL SALFINGER

File number: NSD 476 of 2011

Judge: PERRAM J

Date of judgment: 22 September 2011

Catchwords: PRACTICE AND PROCEDURE – Adjournment – application for adjournment – Jewish high holiday – Rosh Hashanah – procedural fairness questions arising

Cases cited: Ehrenfeld v Choy [2006] NSWSC 1092 cited House v The King (1936) 55 CLR 499 cited Neustadter v Holy Cross Hospital of Silver Spring, Inc 13 A.3d 1227 (Md, 2011) cited

Date of hearing: 15 September 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Mr A Cheshire

Solicitor for the Applicant: Gye Associates Lawyers

Counsel for the Respondent: Mr D Hand

Solicitor for the Respondent: Barry B Moshel Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 476 of 2011

BETWEEN: NAPIAT PTY LTD

Applicant

AND: RODERICK NEIL SALFINGER

Respondent

JUDGE: PERRAM J DATE OF ORDER: 15 SEPTEMBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The hearing fixed for 29 September 2011 be vacated. 2. The respondent pay the applicant's costs both of the adjournment application and thrown away by reason of the vacation of the hearing date. 3. In consultation with the respondent, the applicant provide to the Associate to Foster J the dates to the end of 2011 on which both parties are available for the matter to be heard. 4. The matter be listed for directions at 9:30am on Tuesday 4 October 2011 before Foster J Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.