Wang v 1348 Pty Ltd

[2025] ACTSC 28

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

1. Practice and Procedure
1. Costs
1. Where time estimate of matter inadequate
1. where defendant failed to communicate to the court or plaintiff that time estimate inadequate or hearing should not proceed

A party that acquiesces to a hearing listing and time estimate, then raises objections and detailed submissions only at the commencement of the hearing without prior notice, engages in a procedural ambush contrary to the duty under s 5A(4) of the Court Procedures Act 2004 (ACT) to assist the court, warranting indemnity costs.
Where a stay of proceedings is impliedly lifted by a subsequent order listing the matter for hearing, the stay is treated as no longer operative for that proceeding even absent an express order lifting it.
Where a matter cannot be completed within the allocated time due to one party's conduct, the court may vacate the hearing and relist rather than proceed part-heard, if relisting would result in less overall delay.

Citation[2025] ACTSC 28

CourtACTSC

JurisdictionAustralian Capital Territory

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