De Hayr v Chauvier [2006] NSWSC 683

De Hayr v Chauvier [2006] NSWSC 683

Although the plaintiffs had repeatedly failed to comply with directions, further time to file evidence was granted largely because the defendants had not suffered prejudice that could not be remedied by costs; the plaintiffs were required to pay the defendants' costs of the hearing and wasted directions hearings, and were barred from filing further evidence after 27 July 2006 without a specific order of a judge.

Jurisdiction
Australia
Judgment Date
27 June 2006
Procedural Posture
Equity Proceedings Concerning a Contract for the Sale of Development Land / Directions Hearing; Plaintiffs' Application for Further Time to File and Serve Evidence
Outcome
Further time for filing affidavits granted, on the basis that no further evidence be filed after that date without a specific order of a Judge.
Legal Topics
['repeated Non Compliance With Directions' 'extension of Time to File Evidence' 'costs of Wasted Directions Hearings' 'court Directions']
['civil Procedure' 'equity'] ['repeated Non Compliance With Directions' 'extension of Time to File Evidence' 'costs of Wasted Directions Hearings' 'court Directions']

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

Equity Proceedings Concerning a Contract for the Sale of Development Land / Directions Hearing; Plaintiffs' Application for Further Time to File and Serve Evidence

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted further time to file and serve evidence after repeated failures to comply with directions.' "Whether the plaintiffs should pay the defendants' costs of wasted directions hearings."]

Ratio Decidendi

Although the plaintiffs had repeatedly failed to comply with directions, further time to file evidence was granted largely because the defendants had not suffered prejudice that could not be remedied by costs; the plaintiffs were required to pay the defendants' costs of the hearing and wasted directions hearings, and were barred from filing further evidence after 27 July 2006 without a specific order of a judge.

Court Disposition

Further time for filing affidavits granted, on the basis that no further evidence be filed after that date without a specific order of a Judge.

Orders

  • ['The plaintiffs are to file and serve all evidence on which they seek to rely by close of business Thursday 27 July 2006.' 'If the expert presently briefed is in a position to finalise his report prior to 27 July 2006, it is to be filed and served as soon as finalised.' 'The plaintiffs are to file no further...