Chandrasekaran v Navaratnem [2021] NSWSC 1446

Chandrasekaran v Navaratnem [2021] NSWSC 1446

Although the plaintiff's evidence was ordinarily inadequate to justify adjourning a long-listed hearing, it showed that she was an in-patient and could not physically attend. She should be given one last chance to file submissions in opposition, after which the defendant's Notice of Motion should be determined without further hearing on the papers, which best accords with the overriding purpose in s 56 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Common Law Proceedings; Defendant's Notice of Motion / Procedural Ruling on Listed Hearing of the Defendant's Notice of Motion Filed 11 December 2019
Outcome
Hearing vacated; further determination of the defendant's Notice of Motion to take place on the papers and in Chambers; directions made for submissions; costs reserved; liberty to apply granted.
Legal Topics
['notice of Motion' 'adjournment' 'non Appearance by Plaintiff' 'determination on the Papers' 'overriding Purpose' 'costs Reserved']
['civil Procedure'] ['notice of Motion' 'adjournment' 'non Appearance by Plaintiff' 'determination on the Papers' 'overriding Purpose' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Proceedings; Defendant's Notice of Motion / Procedural Ruling on Listed Hearing of the Defendant's Notice of Motion Filed 11 December 2019

Legal Issues

  1. 1 ["Whether the hearing of the defendant's Notice of Motion should proceed when the plaintiff did not appear and had filed material indicating she was an in-patient in hospital." "Whether any further determination of the defendant's Notice of Motion should occur on the papers and in Chambers."]

Ratio Decidendi

Although the plaintiff's evidence was ordinarily inadequate to justify adjourning a long-listed hearing, it showed that she was an in-patient and could not physically attend. She should be given one last chance to file submissions in opposition, after which the defendant's Notice of Motion should be determined without further hearing on the papers, which best accords with the overriding purpose in s 56 of the Civil Procedure Act 2005.

Court Disposition

Hearing vacated; further determination of the defendant's Notice of Motion to take place on the papers and in Chambers; directions made for submissions; costs reserved; liberty to apply granted.

Orders

  • ["Vacate the hearing of the defendant's Notice of Motion filed 11 December 2019 today." 'Order that any further determination of the Motion take place on the papers and in Chambers.' "Direct that, if the plaintiff wishes to file any further submissions in opposition to the relief sought in the defendant's Notice of...