Salvato v Commonwealth Bank of Australia [2013] NSWSC 1373

Salvato v Commonwealth Bank of Australia [2013] NSWSC 1373

The plaintiff had adequate notice and opportunity to prepare for the proceedings; the illness of counsel did not justify an adjournment, particularly where evidence could have been filed sooner. Granting an adjournment would unnecessarily delay the proceedings and add to the costs of the defendant.

Jurisdiction
Australia
Judgment Date
12 July 2013
Procedural Posture
Interlocutory Application / Adjournment Application
Outcome
Adjournment refused
Legal Topics
['adjournment' 'change of Counsel Due to Illness' 'adequate Opportunity to Prepare' 'procedural Fairness']
['practice and Procedure'] ['adjournment' 'change of Counsel Due to Illness' 'adequate Opportunity to Prepare' 'procedural Fairness']

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Procedural Posture

Interlocutory Application / Adjournment Application

Legal Issues

  1. 1 ["Whether the plaintiff should be granted an adjournment due to change of counsel and counsel's illness" 'Whether refusal to adjourn would result in denial of procedural fairness']

Ratio Decidendi

The plaintiff had adequate notice and opportunity to prepare for the proceedings; the illness of counsel did not justify an adjournment, particularly where evidence could have been filed sooner. Granting an adjournment would unnecessarily delay the proceedings and add to the costs of the defendant.

Court Disposition

Adjournment refused

Orders

  • ["Plaintiff to provide a short written submission in answer to the defendant's submission by 4.00pm Friday, 19 July"]