Lazarus v Northern Sydney Local Health District [2021] NSWSC 385

Lazarus v Northern Sydney Local Health District [2021] NSWSC 385

Although the defendants opposed the adjournment and identified defects in the plaintiffs' position, the defendants' motion sought summary judgment and it would be a serious step to dismiss the proceedings without the plaintiffs' presence because that would deny them a trial on the merits. Justice was best served by giving the plaintiffs one further opportunity to file and serve any amended summons, further affidavits, submissions and constitutional notices, but no further adjournments should be granted save for exceptional circumstances. Because the plaintiffs were not ready to proceed and were granted an indulgence, they were ordered to pay the defendants' costs thrown away by the...

Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Civil Procedure Application for Adjournment in Judicial Review Proceedings / Plaintiffs' Application to Adjourn the Hearing of the Defendants' Notice of Motion for Summary Judgment or Dismissal
Outcome
Adjournment granted; hearing of the defendants' notice of motion vacated and relisted; plaintiffs ordered to pay the defendants' costs thrown away by the adjournment.
Legal Topics
['adjournment' 'summary Judgment or Dismissal' 'case Management' 'constitutional Notices' 'costs Thrown Away']
['civil Procedure' 'judicial Review' 'costs'] ['adjournment' 'summary Judgment or Dismissal' 'case Management' 'constitutional Notices' 'costs Thrown Away']

Case Brief

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Procedural Posture

Civil Procedure Application for Adjournment in Judicial Review Proceedings / Plaintiffs' Application to Adjourn the Hearing of the Defendants' Notice of Motion for Summary Judgment or Dismissal

Legal Issues

  1. 1 ["Whether the hearing date for the defendants' notice of motion should be vacated and relisted." 'Whether the plaintiffs should be given further time to file and serve any amended summons, further affidavits, submissions and notices pursuant to r 1.23 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether the plaintiffs should pay the defendants' costs thrown away by the adjournment."]

Ratio Decidendi

Although the defendants opposed the adjournment and identified defects in the plaintiffs' position, the defendants' motion sought summary judgment and it would be a serious step to dismiss the proceedings without the plaintiffs' presence because that would deny them a trial on the merits. Justice was best served by giving the plaintiffs one further opportunity to file and serve any amended summons, further affidavits, submissions and constitutional notices, but no further adjournments should be granted save for exceptional circumstances. Because the plaintiffs were not ready to proceed and were granted an indulgence, they were ordered to pay the defendants' costs thrown away by the...

Court Disposition

Adjournment granted; hearing of the defendants' notice of motion vacated and relisted; plaintiffs ordered to pay the defendants' costs thrown away by the adjournment.

Orders

  • ["The hearing date of the defendant's notice of motion filed 26 February 2021, listed on 16 April 2021, is vacated and relisted for hearing on 27 May 2021, with a time estimate of 1 day. No further adjournments should be granted save for exceptional circumstances." 'The plaintiffs are to file and serve any amended...