The Prothonotary of the Supreme Court of New South Wales v. Sukkar [2007] NSWCA 292

The Prothonotary of the Supreme Court of New South Wales v. Sukkar [2007] NSWCA 292

The Court refused the adjournment because a similar adjournment had previously been granted, the opponent had not complied with the order to file written submissions by 20 July 2007, a long time had elapsed, and the explanations for non-compliance and lack of representation were not satisfactory.

Jurisdiction
Australia
Judgment Date
11 October 2007
Procedural Posture
Appeal / Notice of Motion for Adjournment
Outcome
Notice of Motion dated 10 October 2007 dismissed; opponent to pay the costs of that Notice of Motion.
Legal Topics
['application for Adjournment' 'written Submissions' 'non Compliance With Court Orders']
['practice and Procedure' 'appeals'] ['application for Adjournment' 'written Submissions' 'non Compliance With Court Orders']

Case Brief

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Procedural Posture

Appeal / Notice of Motion for Adjournment

Legal Issues

  1. 1 ["Whether the opponent's application for an adjournment should be granted because of difficulties obtaining counsel to settle written submissions and appear at the hearing."]

Ratio Decidendi

The Court refused the adjournment because a similar adjournment had previously been granted, the opponent had not complied with the order to file written submissions by 20 July 2007, a long time had elapsed, and the explanations for non-compliance and lack of representation were not satisfactory.

Court Disposition

Notice of Motion dated 10 October 2007 dismissed; opponent to pay the costs of that Notice of Motion.

Orders

  • ['Notice of Motion dated 10 October 2007 is dismissed.' 'The opponent is to pay the costs of that Notice of Motion.']