The Oak Hotel Cessnock Pty Limited v Deputy Commissioner of Taxation [2023] NSWSC 522

The Oak Hotel Cessnock Pty Limited v Deputy Commissioner of Taxation [2023] NSWSC 522

Although the medical letter was not comprehensive and the Court had some doubt, the medical evidence concerning Dr Harvey's health justified granting the adjournment. The adjournment was granted on the basis that the plaintiffs pay the defendants' costs thrown away.

Jurisdiction
Australia
Judgment Date
17 May 2023
Procedural Posture
Civil Proceedings for Damages Pleaded in Negligence and Misfeasance in Public Office / Adjournment Application During Part Heard Hearing
Outcome
Adjournment granted; plaintiffs ordered to pay defendants' costs thrown away by the adjournment.
Legal Topics
['adjournment Application' 'litigant in Person' 'medical Evidence' 'costs Thrown Away' 'subpoenas']
['civil Procedure'] ['adjournment Application' 'litigant in Person' 'medical Evidence' 'costs Thrown Away' 'subpoenas']

Case Brief

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Procedural Posture

Civil Proceedings for Damages Pleaded in Negligence and Misfeasance in Public Office / Adjournment Application During Part Heard Hearing

Legal Issues

  1. 1 ["Whether the proceedings should be adjourned on the basis of Dr Harvey's health and the plaintiffs' desire to retain legal representation." "Whether the plaintiffs should bear the defendants' costs thrown away by any adjournment."]

Ratio Decidendi

Although the medical letter was not comprehensive and the Court had some doubt, the medical evidence concerning Dr Harvey's health justified granting the adjournment. The adjournment was granted on the basis that the plaintiffs pay the defendants' costs thrown away.

Court Disposition

Adjournment granted; plaintiffs ordered to pay defendants' costs thrown away by the adjournment.

Orders

  • ['The proceedings be adjourned.' 'The parties are directed to approach the Registrar three weeks from today with a view to obtaining hearing dates for two days so that the proceedings may be completed.' "Plaintiffs pay the defendants' costs thrown away by the adjournment."]