UTSG Pty Ltd v Sydney Metro

[2018] NSWLEC 128

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. CIVIL PROCEDURE: application to vacate hearing dates by applicant
2. › expert forensic accounting evidence served late by respondent due to default of applicant to comply with notices to produce financial records
3. › applicant’s expert accounting opinion subsequently withdrawn
4. › expert forensic accounting evidence central to claim
5. › no prejudice suffered by respondent not met by costs if hearing vacated
6. › irremedial fatal prejudice suffered by applicant if hearing not vacated
7. › hearing vacated.
1. COSTS: whether the applicant should pay the costs thrown away of the vacated hearing
2. › vacation caused by default of applicant
3. › applicant to pay the respondent’s costs of the vacation of the hearing dates and the costs of the motion to vacate.