Hamod v State of New South Wales (No 5) [2007] NSWSC 1394

Hamod v State of New South Wales (No 5) [2007] NSWSC 1394

The first defendant was granted an extension to 23 August 2007 because the plaintiffs conceded their proposed application to reinstate the hearing date would not be adversely affected by receiving the verified list on that date, the matter and discovery were substantial, and the first defendant indicated it could provide a draft list of documents that day.

Jurisdiction
Australia
Judgment Date
09 August 2007
Procedural Posture
Civil Procedure Discovery / First Defendant's Application for Extension of Time to Comply With Order for Discovery
Outcome
Extension of time granted to the first defendant for compliance with orders for discovery.
Legal Topics
['discovery' 'extension of Time' 'strike Out for Want of Due Dispatch']
['civil Procedure'] ['discovery' 'extension of Time' 'strike Out for Want of Due Dispatch']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Procedure Discovery / First Defendant's Application for Extension of Time to Comply With Order for Discovery

Legal Issues

  1. 1 ['Whether the first defendant should be granted an extension of time to comply with an order to provide discovery until 23 August 2007.' 'Whether the plaintiffs would be adversely affected by receiving a verified list of documents on 23 August 2007 rather than 13 August 2007.']

Ratio Decidendi

The first defendant was granted an extension to 23 August 2007 because the plaintiffs conceded their proposed application to reinstate the hearing date would not be adversely affected by receiving the verified list on that date, the matter and discovery were substantial, and the first defendant indicated it could provide a draft list of documents that day.

Court Disposition

Extension of time granted to the first defendant for compliance with orders for discovery.

Orders

  • ['The first defendant was granted an extension of time to comply with the order for discovery to 23 August 2007.' 'Order 2 made on 19 July 2007 was vacated by consent of the plaintiffs and the second defendant.']