Deputy Commissioner of Taxation v Frangieh [2016] NSWSC 151

Deputy Commissioner of Taxation v Frangieh [2016] NSWSC 151

Given the withdrawal of defendant/cross claimant's counsel only a few days before trial and the complexity of the matter, the dictates of justice favour granting a one week adjournment to allow new counsel to be briefed, with costs thrown away by the adjournment to be paid by the defendant/cross claimant.

Parties
Plaintiff/cross Defendant: Deputy Commissioner of Taxation; Defendant/cross Claimant: Jo Frangieh also known as Joseph Frangieh
Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Civil / Interlocutory Application for Adjournment Before Scheduled Trial
Outcome
Hearing adjourned for one week; costs of adjournment awarded against defendant/cross claimant.
Legal Topics
Adjournment of Hearing, Case Management, Costs, Counsel Withdrawal
Civil Procedure Adjournment of Hearing Case Management Costs Counsel Withdrawal

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Parties

Deputy Commissioner of Taxation

Plaintiff/cross Defendant

Jo Frangieh also known as Joseph Frangieh

Defendant/cross Claimant

Procedural Posture

Civil / Interlocutory Application for Adjournment Before Scheduled Trial

Legal Issues

  1. 1 Whether to grant the defendant/cross claimant's application to vacate the hearing date and adjourn the hearing.
  2. 2 Who should bear the costs of the adjournment.

Ratio Decidendi

Given the withdrawal of defendant/cross claimant's counsel only a few days before trial and the complexity of the matter, the dictates of justice favour granting a one week adjournment to allow new counsel to be briefed, with costs thrown away by the adjournment to be paid by the defendant/cross claimant.

Court Disposition

Hearing adjourned for one week; costs of adjournment awarded against defendant/cross claimant.

Orders

  • The hearing is adjourned to Monday, 7 March 2016 at 10.00 am for three weeks.
  • The defendant/cross claimant is to pay the plaintiff/cross defendant's costs thrown away by the adjournment.