On 31 August 2011, the Federal Court adjourned the M&D C matter...

On 31 August 2011, the Federal Court adjourned the M&D C matter following an 'interlocutory' hearing with respect to an application for leave to administer interrogatories (questions to be put to Quasar/Heathgate) and obtain documents. The judgment is reserved. This was not the substantive hearing but merely a preliminary step to prepare for the substantive hearing.

What I find very interesting is the fact that the matter has been adjourned now for six (6) months now. This is not a complex judgment we're waiting on. Its simply a judgment relating to a leave application...

Courts have obligations to manage cases and ensure they are progressed in a timely manner. Thats why I find it strange that the Federal Court would permit a 6 month delay on a simple leave application. At that rate, the case would take years to complete.

Interestingly, I had a quick look and note that Justice Mansfield, the presiding Judge in the matter, has heard and determined numerous cases in various jurisdictions, which have been published, since the 31 August 2011. So I find it hard to believe Justice Mansfield is short for time! Here's an example of a recent case he heard and determined with a quick turn around:

Essential Beauty Franchising Pty Ltd v Essential Beauty (Qld) Pty Ltd [2012] FCA 12.

Date of hearing: 15 December 2011
Date of judgment: 13 January 2012

In light of the above, I can't help but think the judgment in the M&D C case isn't really delayed because it is no longer required and the Court was advised accordingly....