W DAZENKO STRUCTURAL and GENERAL ENGINEERING PTY LTD v FRASER HRONES and COMPANY LTD [1990] NSWCA 179

W DAZENKO STRUCTURAL and GENERAL ENGINEERING PTY LTD v FRASER HRONES and COMPANY LTD [1990] NSWCA 179

The appeal is dismissed because the defendant failed to demonstrate error in the exercise of the trial judge's discretion in refusing adjournments and the reopening of the case; delays and defaults were attributable to the defendant or its solicitors, and directions for efficient proceedings must be promptly complied with; prejudice to the other party and to the court system cannot necessarily be remedied by orders for costs alone.

Parties
Appellant/defendant: W Dazenko Structural and General Engineering Pty Ltd; Respondent/plaintiff: Fraser Hrones and Company Ltd
Jurisdiction
Australia
Judgment Date
05 October 1990
Procedural Posture
Appeal / Judgment in Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Adjournment of Proceedings, Exercise of Discretion, Building and Engineering List, Preparation of Case, Solicitor's Conduct
Civil Procedure Adjournment of Proceedings Exercise of Discretion Building and Engineering List Preparation of Case Solicitor's Conduct

Case Brief

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Parties

W Dazenko Structural and General Engineering Pty Ltd

Appellant/defendant

Fraser Hrones and Company Ltd

Respondent/plaintiff

Procedural Posture

Appeal / Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing adjournments sought by the defendant
  2. 2 Whether the refusal to allow the defendant to reopen its case and present further evidence was in error
  3. 3 Whether inadequate preparation by solicitors is a ground for adjournment

Ratio Decidendi

The appeal is dismissed because the defendant failed to demonstrate error in the exercise of the trial judge's discretion in refusing adjournments and the reopening of the case; delays and defaults were attributable to the defendant or its solicitors, and directions for efficient proceedings must be promptly complied with; prejudice to the other party and to the court system cannot necessarily be remedied by orders for costs alone.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.