Uy v Ng [2021] NSWSC 429

Uy v Ng [2021] NSWSC 429

The application to vacate the hearing was refused because the medical evidence was insufficient to satisfy the court that the plaintiff was unable to attend, and the plaintiff's history indicated prior delays for non-specific medical reasons unsupported by adequate evidence. Competing interests and efficient case management required refusal of the adjournment.

Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Application to Vacate Hearing / Interlocutory Ruling/refusal of Adjournment
Outcome
Application to vacate hearing refused with costs
Legal Topics
['adjournment' 'medical Evidence' 'case Management']
['civil Procedure'] ['adjournment' 'medical Evidence' 'case Management']

Case Brief

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Procedural Posture

Application to Vacate Hearing / Interlocutory Ruling/refusal of Adjournment

Legal Issues

  1. 1 ["Whether plaintiff's medical condition justified vacation of trial hearing" 'What evidentiary threshold applies for an adjournment on medical grounds']

Ratio Decidendi

The application to vacate the hearing was refused because the medical evidence was insufficient to satisfy the court that the plaintiff was unable to attend, and the plaintiff's history indicated prior delays for non-specific medical reasons unsupported by adequate evidence. Competing interests and efficient case management required refusal of the adjournment.

Court Disposition

Application to vacate hearing refused with costs

Orders

  • ['Notice of motion dated 23 April 2021 dismissed' "Plaintiff to pay defendants' costs of the notice of motion"]