NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: HP Mercantile Pty Ltd v Clements [2013] NSWSC 1974 Hearing dates: 9 December 2013 Decision date: 23 December 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Hearing date not vacated. Catchwords: PROCEDURE - miscellaneous procedural matters - application to have hearing date vacated - where proceedings were commenced over seven years ago - whether vacation of hearing date would facilitate the just, quick, and cheap resolution of the real issue in dispute in the proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58 - Evidence Act 1995 (NSW) s 135 - Legal Profession Conduct Rules 2010 (WA) r 42 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 - Bi v Mourad [2010] NSWCA 17 - Hans Pet Constructions v Cassar [2009] NSWCA 230 - HP Mercantile Pty Ltd v Dierickx [2012] NSWSC 1005 - Karl Suleman Enterprises Pty Ltd (in liq) v Pham [2010] NSWSC 886 Category: Interlocutory applications Parties: HP Mercantile Pty Limited (Plaintiff) Phillip Clements (Defendant) Representation: Counsel: G. Versace (sol) (Plaintiff) A. d'Arville (Defendant) Solicitors: Versace McKenzie Lawyers (Plaintiff) Legal & Commercial Solutions (Defendant) File Number(s): 2009/289202
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