Capital Securities XVII Pty Ltd v Yusofzai (No 2) [2019] NSWSC 501

Capital Securities XVII Pty Ltd v Yusofzai (No 2) [2019] NSWSC 501

The substantial explanation provided for the first and second defendants' failure to comply with procedural directions, being the medical incapacity of their solicitor, justified granting an adjournment, given the severe prejudice to defendants if refused and only modest prejudice to the plaintiff, subject to strict conditions and costs orders.

Parties
Plaintiff: Capital Securities XVII Pty Ltd; First Defendant: Zahra Yusofzai; Second Defendant: Zia Yusofzai; Third Defendant: Waise Yusofzai
Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Civil / Adjournment Application Ruling
Legal Topics
Adjournment Application, Strike Out Defence, Summary Judgment, Mortgage Possession, Unjust Contract
Civil Procedure Adjournment Application Strike Out Defence Summary Judgment Mortgage Possession Unjust Contract

Case Brief

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Parties

Capital Securities XVII Pty Ltd

Plaintiff

Zahra Yusofzai

First Defendant

Zia Yusofzai

Second Defendant

Waise Yusofzai

Third Defendant

Procedural Posture

Civil / Adjournment Application Ruling

Legal Issues

  1. 1 Whether to grant adjournment of plaintiff's motion for strike out and summary judgment
  2. 2 Whether delays in defence were adequately explained
  3. 3 Whether prejudice to defendants outweighs prejudice to plaintiff

Ratio Decidendi

The substantial explanation provided for the first and second defendants' failure to comply with procedural directions, being the medical incapacity of their solicitor, justified granting an adjournment, given the severe prejudice to defendants if refused and only modest prejudice to the plaintiff, subject to strict conditions and costs orders.