Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cranney v National Australia Bank [2011] FCA 1336 Citation: Cranney v National Australia Bank [2011] FCA 1336
Appeal from: National Australia Bank Ltd v Cranney & Anor [2011] FMCA 169
Parties: ROHAN GEOFFREY CRANNEY and DAVID KENNETH CRANNEY v NATIONAL AUSTRALIA BANK and CHRISTOPHER MEL CHAMBERLAIN
File number(s): NSD 516 of 2011 NSD 517 of 2011
Judge: MCKERRACHER J
Date of judgment: 22 November 2011
Catchwords: PRACTICE AND PROCEDURE – urgent interlocutory applications on the morning of hearing of the appeals to adjourn the hearing of the appeals – Federal Court of Australia Act 1976 (Cth) s 37M – whether it is in the interests of justice to adjourn the hearing – was there reasonable explanation for the delay – apparent inaction by solicitors - comparison of relative prejudices to each party - ability to relist without substantial delay - capacity of costs fixed and to be paid within 28 days to partially overcome prejudice to opposing party - ongoing sale of secured assets proceeding in the meantime - possibility of costs order personally against allegedly delaying solicitor if appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Date of hearing: 21 November 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Counsel for the Appellants: J Chambers
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