New South Wales Bar Association v Stevens [2003] NSWCA 133

New South Wales Bar Association v Stevens [2003] NSWCA 133

Although the opponent had flouted directions and his attention to filing evidence was wholly unsatisfactory, the claimant did not oppose the adjournment and the Court accepted that the opponent should have a further opportunity to put forward the evidence on which he wished to rely; the hearing was therefore vacated, with costs ordered against the opponent and an undertaking noted concerning practising pending determination.

Jurisdiction
Australia
Judgment Date
27 May 2003
Procedural Posture
Proceedings Seeking Declarations of Unprofessional Misconduct and Fitness to Remain on the Roll of Legal Practitioners and Removal From the Roll of Legal Practitioners / Opponent's Notice of Motion to Vacate Hearing Dates
Outcome
Adjournment granted; hearing dates vacated; opponent ordered to pay claimant's costs of and occasioned by the adjournment.
Legal Topics
['adjournment' 'professional Misconduct' 'removal From Roll of Legal Practitioners' 'affidavit Evidence' 'practising Certificate']
['legal Profession' 'civil Procedure'] ['adjournment' 'professional Misconduct' 'removal From Roll of Legal Practitioners' 'affidavit Evidence' 'practising Certificate']

Case Brief

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Procedural Posture

Proceedings Seeking Declarations of Unprofessional Misconduct and Fitness to Remain on the Roll of Legal Practitioners and Removal From the Roll of Legal Practitioners / Opponent's Notice of Motion to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether the hearing fixed to commence on 2 June 2003 should be vacated because the opponent required further time to file evidence.' 'Whether any adjournment should be conditioned by an undertaking concerning the opponent applying for a practising certificate or practising before determination of the summons.']

Ratio Decidendi

Although the opponent had flouted directions and his attention to filing evidence was wholly unsatisfactory, the claimant did not oppose the adjournment and the Court accepted that the opponent should have a further opportunity to put forward the evidence on which he wished to rely; the hearing was therefore vacated, with costs ordered against the opponent and an undertaking noted concerning practising pending determination.

Court Disposition

Adjournment granted; hearing dates vacated; opponent ordered to pay claimant's costs of and occasioned by the adjournment.

Orders

  • ['The hearing fixed to commence on Monday 2 June 2003 be vacated.' "The opponent pay the claimant's costs of and occasioned by the adjournment, including the costs of this notice of motion."]