NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited [2020] NSWSC 852 Hearing dates: 30 June 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Common Law Before: Johnson J Decision: See [51] of judgment. Catchwords: PRACTICE AND PROCEDURE - final hearing of civil claim - application by Plaintiff for adjournment made on hearing date - proceedings not ready to proceed due to late steps taken by both parties - discovery process undertaken late and just before hearing - both parties serving voluminous documents on eve of hearing - Plaintiff's non-compliance with court orders - failure to comply with duty under s.56 Civil Procedure Act 2005 - fair hearing not possible given state of litigation - proceedings "in a state of litigious semi-chaos" - hearing vacated - Court to consider appropriate costs order to be made - orders made to progress litigation Legislation Cited: Civil Procedure Act 2005 Cases Cited: Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited [2019] NSWSC 1913 Texts Cited: --- Category: Procedural and other rulings Parties: Apollo Kitchens (NSW) Pty Limited (Plaintiff) Goway Travel Pty Limited (Defendant) Representation: Counsel: Mr D Talintyre; Mr M Cobb-Clark (Plaintiff) Mr AE Maroya; Ms S Scott (Defendant)
Solicitors: Blackstone Waterhouse (Plaintiff) Richard Glover Law Practice (Defendant) File Number(s): 2018/253671 Publication restriction: ---
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