Spencer v VMD Packaging Pty Limited [2001] NSWCA 118

New South Wales Court of Appeal

CITATION : Spencer v VMD Packaging Pty Limited [2001] NSWCA 118 FILE NUMBER(S) : CA 40337/00 HEARING DATE(S) : 11/04/01 JUDGMENT DATE : 11 April 2001

PARTIES : Dawn Kay Spencer, Colin Noel Spencer and Cecillia Serrano Howitt (Appellants) VMD Packaging Pty Limited (Respondent) JUDGMENT OF : Heydon JA at 1, 79; Hodgson CJ in Eq at 68; Davies AJA at 78

LOWER COURT JURISDICTION : District Court LOWER COURT 828/97 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

COUNSEL : Mr C J Bevan/Mr A C M Iuliano (Appellants) Mr M F Holmes QC/Mr D Maddox (Respondent) SOLICITORS : John Carmody & Co (Appellants) Matthews Dooley & Gibson (Respondent) CATCHWORDS : Civil Practice and Procedure - District Court - Case Management - Refusal to grant adjournment of hearing of liquidated claim - Whether matter should have been removed from running list and adjourned - Whether integrity and efficiency of list would have been prejudiced by adjournment - Where party that opposed adjournment would not have been prejudiced by adjournment in manner incapable of remedy by costs order - Where party that sought adjournment was prejudiced by its refusal - Where Amended Statement of Claim had raised new cause of action based on s 592 of the Corporations Law - Where first defendant was interstate and lost opportunity to prosecute defence - Where none of the parties were ready for trial . ND Frugniet v State Bank of New South Wales (1999) NSWCA 458 CASES CITED: Sali v SPC Ltd (1993) 116 ALR 625 State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 Touma v Saparas (unreported, NSWCA, 17 February 2000) DECISION : See para 67