McDonagh v Huxley [2018] NSWSC 1316

McDonagh v Huxley [2018] NSWSC 1316

The adjournment was refused because Mr McDonnell had been given multiple opportunities, particularly since June 2018, to prepare a proper application, but failed to comply with the timetable or provide proper supporting material until extremely late on the morning of the hearing, including unsworn and unclear material, and the proposed application had the potential to cause significant further delay and costs to other parties who had conscientiously prosecuted or defended the proceedings.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Civil Procedure Application for Adjournment / Application by the Fourth Defendant/applicant for a 14 Day Adjournment of His Notice of Motion Filed 20 June 2018 Seeking to Set Aside Default Judgment
Outcome
Adjournment refused.
Legal Topics
['adjournment' 'delay' 'default Judgment' 'case Management' 'unsworn Affidavit' 'late Evidence']
['civil Procedure'] ['adjournment' 'delay' 'default Judgment' 'case Management' 'unsworn Affidavit' 'late Evidence']

Case Brief

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Procedural Posture

Civil Procedure Application for Adjournment / Application by the Fourth Defendant/applicant for a 14 Day Adjournment of His Notice of Motion Filed 20 June 2018 Seeking to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the Fourth Defendant/Applicant should be granted a 14 day adjournment of his Notice of Motion filed 20 June 2018.' 'Whether the lateness, unsworn nature and apparent inadequacy of the material provided by the Fourth Defendant/Applicant justified refusing an adjournment.']

Ratio Decidendi

The adjournment was refused because Mr McDonnell had been given multiple opportunities, particularly since June 2018, to prepare a proper application, but failed to comply with the timetable or provide proper supporting material until extremely late on the morning of the hearing, including unsworn and unclear material, and the proposed application had the potential to cause significant further delay and costs to other parties who had conscientiously prosecuted or defended the proceedings.

Court Disposition

Adjournment refused.

Orders

  • ["Mr McDonnell's request for an adjournment of his Notice of Motion filed 20 June 2018 is refused."]