Leedman v Chahhoud & Ors [2023] NSWSC 1234

Leedman v Chahhoud & Ors [2023] NSWSC 1234

The Court held that neither appearing by AVL nor returning to Australia is currently practicable for the first defendant due to unreliable internet connectivity and immigration restrictions regarding her non-citizen child. Given these extenuating circumstances, an adjournment is justified but must be on terms, including that the first defendant pay the plaintiffs’ wasted costs fixed at $1,000.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Civil Debt and Property Dispute / Interlocutory – Application for Adjournment
Outcome
Adjournment granted on terms; first defendant to pay fixed costs of adjournment.
Legal Topics
['adjournment of Proceedings' 'appearance by Audio Visual Link' 'costs – Fixing of Costs' 'impracticality of Avl' 'security for Debt']
['civil Procedure' 'equity'] ['adjournment of Proceedings' 'appearance by Audio Visual Link' 'costs – Fixing of Costs' 'impracticality of Avl' 'security for Debt']

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Procedural Posture

Civil Debt and Property Dispute / Interlocutory – Application for Adjournment

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned due to the first defendant’s inability to appear in person or by audio visual link' 'Whether the first defendant can travel to Australia given family and immigration circumstances' 'Whether costs of adjournment should be awarded and fixed']

Ratio Decidendi

The Court held that neither appearing by AVL nor returning to Australia is currently practicable for the first defendant due to unreliable internet connectivity and immigration restrictions regarding her non-citizen child. Given these extenuating circumstances, an adjournment is justified but must be on terms, including that the first defendant pay the plaintiffs’ wasted costs fixed at $1,000.

Court Disposition

Adjournment granted on terms; first defendant to pay fixed costs of adjournment.

Orders

  • ['Vacate the hearing listed for 9 and 10 November 2023.' "First defendant to pay plaintiff's thrown away costs for the vacated hearing, fixed at $1,000." 'Proceedings listed for further directions on 27 October 2023 in the Real Property List for fixing of a new hearing date.' 'Parties may approach the Real Property...