Westpac Banking Corporation Ltd v Kelly [2014] NSWSC 1340

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation Ltd v Kelly [2014] NSWSC 1340 Hearing dates: 30/9/2014 Decision date: 30 September 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The application to adjourn the hearing date of 13 October 2014 is refused. (2)The defendant to have liberty to file any additional evidence relevant to the matters deposed to by Mr Lidbury and Ms Singh by close of business on Friday, 10 October 2014. (3)Costs of today can be the plaintiff's costs in the cause. Catchwords: PROCEDURE - civil - adjournment; application for - where plaintiff served evidence in breach of court imposed timetable - whether any prejudice or practical injustice to defendant warranting a vacation of hearing date Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Contracts Review Act 1980 (NSW) Cases Cited: AON Risk Services Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Melbourne Steamship Company Limited v Moorehead (1912) 15 CLR 333 Sali v SPC Limited (1993) 116 ALR 625 Scott v Handley [1999] FCA 404 State of Queensland South Bank Corporation v J L Holdings Pty Ltd F.C. (1997) 189 CLR 146 Category: Interlocutory applications Parties: Westpac Banking Corporation Ltd (Plaintiff) Philip John Kelly (Defendant) Representation: Counsel: B Koch (Plaintiff) Defendant in Person HWL Ebsworth (Plaintiff) File Number(s): 2013/155618