Grizonic v Suttor [2008] NSWSC 912

Grizonic v Suttor [2008] NSWSC 912

On balance, the interests of justice require granting Mr Grizonic a last opportunity to obtain legal representation, given his recent expectation of assistance, medical evidence of impairment, and the potential for prejudice if forced to proceed unrepresented.

Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Equity Proceeding / Ruling on Adjournment of Final Hearing
Outcome
Final hearing adjourned to 3 and 4 July 2008; costs of adjournment to be paid by plaintiff to first defendant.
Legal Topics
['adjournment' 'legal Representation' 'fairness in Proceedings']

Case Brief

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Procedural Posture

Equity Proceeding / Ruling on Adjournment of Final Hearing

  1. 1 ['Should the final hearing be adjourned to allow the unrepresented plaintiff opportunity to secure legal representation?' 'Is there adequate evidence of imminent legal representation?' 'Should costs be awarded as a result of the adjournment?']

Ratio Decidendi

On balance, the interests of justice require granting Mr Grizonic a last opportunity to obtain legal representation, given his recent expectation of assistance, medical evidence of impairment, and the potential for prejudice if forced to proceed unrepresented.

Court Disposition

Final hearing adjourned to 3 and 4 July 2008; costs of adjournment to be paid by plaintiff to first defendant.

Orders

  • ['Final hearing adjourned to 3 July 2008, to continue 4 July 2008 if necessary.' 'Matter listed for directions before Brereton J on 20 June 2008 at 9:30am.' "Plaintiff Mr Grizonic to pay defendant Ms Suttor's costs occasioned and thrown away by the adjournment."]