Cavar v Workers Compensation Commission [2019] NSWSC 445

Cavar v Workers Compensation Commission [2019] NSWSC 445

It would be preferable to relist the defendants' notices of motion at a time when the plaintiff can attend and participate, given her medical reason for absence and the likelihood that an order disposing of the proceedings in her absence would not bring them to an end.

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Summons Seeking Leave to Appeal / Interlocutory (hearing of Notices of Motion to Dismiss or Strike Out Adjourned)
Outcome
Defendants' notices of motion adjourned; costs reserved; liberty to apply.
Legal Topics
['adjournment' 'self Represented Litigant' 'dismissal or Striking Out of Proceedings']
['civil Procedure'] ['adjournment' 'self Represented Litigant' 'dismissal or Striking Out of Proceedings']

Case Brief

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Procedural Posture

Summons Seeking Leave to Appeal / Interlocutory (hearing of Notices of Motion to Dismiss or Strike Out Adjourned)

Legal Issues

  1. 1 ['Whether proceedings should be dismissed or struck out in the absence of the plaintiff due to her medical condition.']

Ratio Decidendi

It would be preferable to relist the defendants' notices of motion at a time when the plaintiff can attend and participate, given her medical reason for absence and the likelihood that an order disposing of the proceedings in her absence would not bring them to an end.

Court Disposition

Defendants' notices of motion adjourned; costs reserved; liberty to apply.

Orders

  • ["Adjourn the defendants' notices of motion for hearing before the Duty Judge on Friday 28 June 2019." 'Direct the defendants by no later than 26 April 2019 to notify the plaintiff of the adjourned date.' 'Reserve the costs of the proceedings before me on 18 April 2019.' "Grant liberty to the parties to apply on 3...