Alam & Ors v Giampietro t/as Legal & Company Solicitors [2019] NSWDC 179

Alam & Ors v Giampietro t/as Legal & Company Solicitors [2019] NSWDC 179

The plaintiffs failed to demonstrate 'very good reasons' for adjourning the hearing, particularly where the third plaintiff was able to participate in other proceedings at the same time. The motion was therefore dismissed and costs were awarded to the defendants.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Civil / Motion to Adjourn Hearing
Outcome
Plaintiffs' motion to adjourn dismissed with costs.
Legal Topics
['adjournment' 'self Represented Litigants' 'professional Negligence']
['civil Procedure'] ['adjournment' 'self Represented Litigants' 'professional Negligence']

Case Brief

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Procedural Posture

Civil / Motion to Adjourn Hearing

Legal Issues

  1. 1 ['Whether the hearing should be adjourned on grounds of ill health of a plaintiff' "Whether affidavits provide sufficient justification for adjournment in light of Court's standard orders"]

Ratio Decidendi

The plaintiffs failed to demonstrate 'very good reasons' for adjourning the hearing, particularly where the third plaintiff was able to participate in other proceedings at the same time. The motion was therefore dismissed and costs were awarded to the defendants.

Court Disposition

Plaintiffs' motion to adjourn dismissed with costs.

Orders

  • ["The plaintiffs' motion is dismissed." "The defendants' costs of this motion are to be paid by the three plaintiffs."]