AUSTEUR PTY LIMITED v VLAHOS [1996] NSWCA 30

AUSTEUR PTY LIMITED v VLAHOS [1996] NSWCA 30

The appellant is granted a fortnight's adjournment to respond to the notice of motion, with conditions on filing evidence and costs. The difficulties in contacting clients were not the solicitor's fault, but those of the clients.

Parties
Appellant: AUSTEUR PTY LIMITED; Respondent: Vlahos
Jurisdiction
Australia
Judgment Date
12 February 1996
Procedural Posture
Notice of Motion / Interlocutory
Outcome
Application for security for costs stood over to a later date. Costs of today's hearing to be paid by the appellant.
Legal Topics
Security for Costs, Adjournment
Civil Procedure Security for Costs Adjournment

Case Brief

Summary, issues, holding and outcome

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Parties

AUSTEUR PTY LIMITED

Appellant

Vlahos

Respondent

Procedural Posture

Notice of Motion / Interlocutory

Legal Issues

  1. 1 Whether the appellant should provide security for the respondent's costs in the appeal.
  2. 2 Whether an adjournment should be granted due to difficulties in communication between solicitor and client.

Ratio Decidendi

The appellant is granted a fortnight's adjournment to respond to the notice of motion, with conditions on filing evidence and costs. The difficulties in contacting clients were not the solicitor's fault, but those of the clients.

Court Disposition

Application for security for costs stood over to a later date. Costs of today's hearing to be paid by the appellant.

Orders

  • Matter stood over to 26 February 1996.
  • Any affidavit material to be filed by 12 noon on 23 February 1996.