Kearney v Amirbeaggi [2022] NSWSC 805

Kearney v Amirbeaggi [2022] NSWSC 805

There was no sufficient reason supported by evidence to vacate the hearing date; vacating would exacerbate problems faced by the plaintiff and prejudice the defendants and the court without any evidence of likely improvement in the plaintiff’s mental health over time.

Parties
Plaintiff: Brian Kearney; First Defendant: Farshad Amirbeaggi; Second Defendant: Yates Beaggi Lawyers
Jurisdiction
Australia
Judgment Date
10 June 2022
Procedural Posture
Application to Vacate Hearing Date / Interlocutory Decision
Outcome
Application to vacate hearing date refused; directions for trial preparation made; costs reserved.
Legal Topics
Application to Vacate Hearing Date, Directions for Trial Preparation, Mental Health in Litigation
Civil Procedure Application to Vacate Hearing Date Directions for Trial Preparation Mental Health in Litigation

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Parties

Brian Kearney

Plaintiff

Farshad Amirbeaggi

First Defendant

Yates Beaggi Lawyers

Second Defendant

Procedural Posture

Application to Vacate Hearing Date / Interlocutory Decision

Legal Issues

  1. 1 Should the hearing date be vacated due to the plaintiff’s mental health and other reasons?
  2. 2 What are appropriate directions to take the matter up to hearing?

Ratio Decidendi

There was no sufficient reason supported by evidence to vacate the hearing date; vacating would exacerbate problems faced by the plaintiff and prejudice the defendants and the court without any evidence of likely improvement in the plaintiff’s mental health over time.

Court Disposition

Application to vacate hearing date refused; directions for trial preparation made; costs reserved.

Orders

  • The plaintiff's lay and expert evidence in reply is to be filed and served by 8 July 2022.
  • The defendants are to serve a court book consisting of all pleadings and evidence, exhibits to affidavits dismembered and in chronological sequence by 15 July 2022.