ASIC v Sydney Investment House Equities Pty Ltd [2008] NSWSC 498

ASIC v Sydney Investment House Equities Pty Ltd [2008] NSWSC 498

The adjournment was granted because Mr Olde's holiday had long been planned, involved his family and others, and non-refundable fares had been paid; the material about the arrangements was not challenged; the lost days could be replaced if necessary; useful work could be done during the additional week; and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 May 2008
Procedural Posture
Application for Adjournment / During Trial, While the Plaintiff's Liquidator Witness Was Under Cross Examination
Outcome
One week of fixture for trial vacated; adjournment granted.
Legal Topics
['adjournment' 'trial Fixture' 'costs Thrown Away' 'unrepresented Defendant']
['civil Procedure'] ['adjournment' 'trial Fixture' 'costs Thrown Away' 'unrepresented Defendant']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Adjournment / During Trial, While the Plaintiff's Liquidator Witness Was Under Cross Examination

Legal Issues

  1. 1 ["Whether the trial should be adjourned from 2 June 2008 to 10 June 2008 because the plaintiff's liquidator witness had a long-standing family holiday booking during the week commencing 2 June 2008." 'Whether the plaintiff should pay any costs of the third defendant thrown away by the adjournment.']

Ratio Decidendi

The adjournment was granted because Mr Olde's holiday had long been planned, involved his family and others, and non-refundable fares had been paid; the material about the arrangements was not challenged; the lost days could be replaced if necessary; useful work could be done during the additional week; and the short adjournment was not likely to delay the ultimate determination of the proceedings. Any costs of the third defendant thrown away by the adjournment were to be paid by the plaintiff.

Court Disposition

One week of fixture for trial vacated; adjournment granted.

Orders

  • ['At the end of 15 May 2008 the hearing of the proceedings will be adjourned to Tuesday 10 June 2008 at 10am.' 'The plaintiff is ordered to pay any costs of the third defendant thrown away by the adjournment.']