Cohen v Sacks [2021] NSWSC 88

Cohen v Sacks [2021] NSWSC 88

Justice requires that the hearing be adjourned due to the plaintiffs' challenging and unusual financial circumstances primarily resulting from their child's serious illness, the impact of the COVID-19 pandemic on their businesses, and their ongoing obligations; defendants' prejudice is acknowledged and mitigated partly by indemnity costs order; no adverse inference to be drawn for incomplete financial disclosure.

Jurisdiction
Australia
Judgment Date
16 February 2021
Procedural Posture
Civil / Interlocutory Application for Adjournment
Outcome
Adjournment granted; indemnity costs to defendants; orders made for further preparation and case management.
Legal Topics
['adjournment of Hearing' 'costs Thrown Away' 'medical Negligence' 'breach of Contract' 'competition and Consumer Act' 'case Management']
['civil Procedure'] ['adjournment of Hearing' 'costs Thrown Away' 'medical Negligence' 'breach of Contract' 'competition and Consumer Act' 'case Management']

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Procedural Posture

Civil / Interlocutory Application for Adjournment

Legal Issues

  1. 1 ["Whether plaintiffs' financial difficulty justifies adjournment of hearing under s 66 of the Civil Procedure Act 2005 (NSW)" 'Whether a Ferrcom inference should be drawn against plaintiffs for incomplete financial disclosure' 'Whether delay and prejudice to defendants outweigh justice to plaintiffs in granting adjournment']

Ratio Decidendi

Justice requires that the hearing be adjourned due to the plaintiffs' challenging and unusual financial circumstances primarily resulting from their child's serious illness, the impact of the COVID-19 pandemic on their businesses, and their ongoing obligations; defendants' prejudice is acknowledged and mitigated partly by indemnity costs order; no adverse inference to be drawn for incomplete financial disclosure.

Court Disposition

Adjournment granted; indemnity costs to defendants; orders made for further preparation and case management.

Orders

  • ['The hearing listed to commence on 12 April 2021 and consent orders for case management made in December 2020 are vacated.' 'The matter is listed for hearing for 25 days commencing 28 February 2022.' "The parties are to confer and file proposed orders for further preparation of the matter for hearing, including...