Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wharton v Commonwealth Bank of Australia [2014] FCA 585 Citation: Wharton v Commonwealth Bank of Australia [2014] FCA 585
Parties: JOHN MACARTHUR WHARTON and ELIZABETH MARY WHARTON v COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124)
File number(s): NSD 1618 of 2012
Judge(s): GREENWOOD J
Date of judgment: 4 June 2014
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for an adjournment of the trial made on the first day of the trial
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 - cited Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 - cited
Date of hearing: 2, 3 and 4 June 2014
Date of last submissions: 3 June 2014
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 61
Counsel for the Applicants: Ms S Pointing
Solicitor for the Applicants: Levitt Robinson Solicitors
Counsel for the Respondent: Mr B O'Donnell and Mr D de Jersey
Solicitor for the Respondent: Gadens Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION NSD 1618 of 2012
BETWEEN: JOHN MACARTHUR WHARTON
First Applicant
ELIZABETH MARY WHARTON
Second Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124)
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 4 JUNE 2014 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application by the applicants for an adjournment of the trial is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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