Benjamin & Khoury Pty Ltd v Rahme [2021] NSWSC 1038

Benjamin & Khoury Pty Ltd v Rahme [2021] NSWSC 1038

The pending knee operation of the defendants' solicitor did not necessitate vacating the hearing date because the motion had been filed nearly 12 months earlier, the hearing had already been vacated once, the evidence was ready, there was time for instructions and remote conferences before the operation, the hearing was six days after the operation, another person might assist counsel, and Court resources and hearing time were scarce.

Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Civil Procedure Procedural Ruling / Defendants' Notice of Motion to Vacate the Hearing Commencing 24 August 2021 and Allocate Another Hearing Date
Outcome
The notice of motion filed by the defendants is dismissed.
Legal Topics
['hearings' 'adjournment' 'vacation of Hearing Date' 'motion to Set Aside Judgment']
['civil Procedure'] ['hearings' 'adjournment' 'vacation of Hearing Date' 'motion to Set Aside Judgment']

Case Brief

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Procedural Posture

Civil Procedure Procedural Ruling / Defendants' Notice of Motion to Vacate the Hearing Commencing 24 August 2021 and Allocate Another Hearing Date

Legal Issues

  1. 1 ["Whether the defendants' solicitor's scheduled knee surgery necessitated vacating the hearing date for the defendants' motion to set aside judgment."]

Ratio Decidendi

The pending knee operation of the defendants' solicitor did not necessitate vacating the hearing date because the motion had been filed nearly 12 months earlier, the hearing had already been vacated once, the evidence was ready, there was time for instructions and remote conferences before the operation, the hearing was six days after the operation, another person might assist counsel, and Court resources and hearing time were scarce.

Court Disposition

The notice of motion filed by the defendants is dismissed.

Orders

  • ['The notice of motion filed by the defendants is dismissed.']