Adamson v Liu [2008] NSWSC 1055

Adamson v Liu [2008] NSWSC 1055

The plaintiff's absence on 18 July 2008 was accepted as due to honest oversight, and there was a sufficient basis to allow further hearing of the defendants' motion because the third further amended statement of claim was only one day late and the proceedings had been on foot for about four years without summary dismissal; in the interests of justice the Associate Judge's orders were set aside under UCPR, r 36.16.

Jurisdiction
Australia
Judgment Date
01 September 2008
Procedural Posture
Notice of Motion to Set Aside Orders Dismissing Proceedings / Equity Division Duty List; Ex Tempore Judgment
Outcome
Orders made on 18 July 2008 set aside.
Legal Topics
['setting Aside Orders' 'non Appearance' 'summary Dismissal' 'irregular Filing' 'costs Thrown Away']
['civil Procedure'] ['setting Aside Orders' 'non Appearance' 'summary Dismissal' 'irregular Filing' 'costs Thrown Away']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion to Set Aside Orders Dismissing Proceedings / Equity Division Duty List; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff sufficiently explained his absence when the orders of 18 July 2008 were made.' 'Whether there was a triable basis for opposing the relief granted on 18 July 2008.' 'Whether the orders dismissing the proceedings and setting aside the filing of the third further amended statement of claim should be set aside.']

Ratio Decidendi

The plaintiff's absence on 18 July 2008 was accepted as due to honest oversight, and there was a sufficient basis to allow further hearing of the defendants' motion because the third further amended statement of claim was only one day late and the proceedings had been on foot for about four years without summary dismissal; in the interests of justice the Associate Judge's orders were set aside under UCPR, r 36.16.

Court Disposition

Orders made on 18 July 2008 set aside.

Orders

  • ['Pursuant to UCPR, r 36.16, the orders made on 18 July 2008 were set aside.' "The plaintiff was ordered to pay the defendant's costs of and thrown away by his non-attendance at the hearing on 18 July 2008." 'The proceedings were adjourned to 9.15am on Friday, 19 September 2008, before the Registrar.' 'No order was...