Woods v McKinlay [2021] NSWSC 831

Woods v McKinlay [2021] NSWSC 831

Despite the plaintiff's self-isolation and technological disadvantages, participation by remote means (telephone or smartphone) with accommodations for instructions and advice is sufficient to provide a fair hearing; the circumstances do not warrant an adjournment.

Jurisdiction
Australia
Judgment Date
07 July 2021
Procedural Posture
Civil (equity) / Interlocutory Application for Adjournment
Outcome
Application for adjournment refused; costs ordered against the plaintiff.
Legal Topics
['adjournment Applications' 'remote Hearings' 'covid 19 Pandemic Procedures']
['equity' 'civil Procedure'] ['adjournment Applications' 'remote Hearings' 'covid 19 Pandemic Procedures']

Case Brief

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Procedural Posture

Civil (equity) / Interlocutory Application for Adjournment

Legal Issues

  1. 1 ['Whether the plaintiff, subject to a self-isolation order, has a fair opportunity to participate in the hearing' 'Whether the requirement to proceed remotely justifies adjourning the hearing']

Ratio Decidendi

Despite the plaintiff's self-isolation and technological disadvantages, participation by remote means (telephone or smartphone) with accommodations for instructions and advice is sufficient to provide a fair hearing; the circumstances do not warrant an adjournment.

Court Disposition

Application for adjournment refused; costs ordered against the plaintiff.

Orders

  • ['Order that the notice of motion filed 6 July 2021 is dismissed.' "Order that the plaintiff pay the defendants' costs of the motion, including the appearance on 6 July 2021."]