ALS131 Pty Ltd v Rahme [2020] NSWSC 569

ALS131 Pty Ltd v Rahme [2020] NSWSC 569

As the defendant failed to comply with procedural orders to file and serve evidence and submissions in support of her notice of motion, and no further application for adjournment was made, the remaining relief sought in the notice of motion filed on 26 February 2020 was dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2020
Procedural Posture
Notice of Motion / Final Disposition of Outstanding Motions
Outcome
Defendant's outstanding notice of motion dismissed; no order as to costs.
Legal Topics
['possession Proceedings' 'default Judgment' 'stay of Execution' 'notices of Motion' 'adjournment']
['civil Procedure'] ['possession Proceedings' 'default Judgment' 'stay of Execution' 'notices of Motion' 'adjournment']

Case Brief

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Procedural Posture

Notice of Motion / Final Disposition of Outstanding Motions

Legal Issues

  1. 1 ["Whether to grant the balance of relief sought in the defendant's notice of motion filed on 26 February 2020" 'Whether to permit any further application for similar relief' 'Procedural compliance with court orders and practice rules']

Ratio Decidendi

As the defendant failed to comply with procedural orders to file and serve evidence and submissions in support of her notice of motion, and no further application for adjournment was made, the remaining relief sought in the notice of motion filed on 26 February 2020 was dismissed.

Court Disposition

Defendant's outstanding notice of motion dismissed; no order as to costs.

Orders

  • ["The balance of the defendant's notice of motion filed on 26 February 2020 is dismissed." 'Court notes the further Notice of Motion emailed 22 April 2020 was not filed nor compliant with Rules.' 'Any further application for similar orders only to be filed by leave, to be dealt with by the Duty Judge.' 'No order as...