Blacktown City Council v Wilkie (No 14) [2012] NSWLEC 252

Blacktown City Council v Wilkie (No 14) [2012] NSWLEC 252

Despite the extensive history of delay and non-compliance by the second respondent, the seriousness of the contempt charge, including the possibility of imprisonment, and medical evidence verifying the sudden illness and hospitalisation of the second respondent's counsel made it just to adjourn the hearing; the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Class 5 / Application by the Second Respondent to Adjourn a Two Day Hearing of a Notice of Motion
Outcome
Adjournment granted
Legal Topics
['adjournment' 'delay' 'sudden Illness of Counsel' 'costs Thrown Away' 'overriding Purpose']
['civil Procedure' 'contempt'] ['adjournment' 'delay' 'sudden Illness of Counsel' 'costs Thrown Away' 'overriding Purpose']

Source-derived case record

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Procedural Posture

Class 5 / Application by the Second Respondent to Adjourn a Two Day Hearing of a Notice of Motion

Legal Issues

  1. 1 ['Whether the hearing of the further amended notice of motion should be adjourned because counsel for the second respondent was suddenly hospitalised.' 'Whether the second respondent should pay witness costs thrown away by the adjournment.']

Ratio Decidendi

Despite the extensive history of delay and non-compliance by the second respondent, the seriousness of the contempt charge, including the possibility of imprisonment, and medical evidence verifying the sudden illness and hospitalisation of the second respondent's counsel made it just to adjourn the hearing; the council would suffer no irremediable prejudice, but the second respondent should pay the specific witness costs thrown away.

Court Disposition

Adjournment granted

Orders

  • ['The hearing of the further amended notice of motion is listed on 18 and 19 March 2013 at 10am.' "The second respondent is to pay the council's costs thrown away for the costs of travel and the appearance of Ms Irene Linkenbagh, fixed in the amount of $700." "The second respondent is to pay the council's costs...