Lewis v Doyle; Miles v Doyle; AA v PD [2023] NSWSC 1301

Lewis v Doyle; Miles v Doyle; AA v PD [2023] NSWSC 1301

Neither the assertion that legal advice and legal representation is required and available, nor the assertion that Mr Doyle is under a legal incapacity, justifies adjournment. No proper evidence or procedural compliance has been established.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Application for Adjournment in Enforcement Proceedings / Hearing and Determination of Adjournment Application
Outcome
Application for adjournment dismissed.
Legal Topics
['adjournment Application' 'legal Incapacity' 'enforcement of Judgments']
['civil Procedure'] ['adjournment Application' 'legal Incapacity' 'enforcement of Judgments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Adjournment in Enforcement Proceedings / Hearing and Determination of Adjournment Application

Legal Issues

  1. 1 ['Whether material establishes defendant under legal incapacity' 'Whether adjournment should be granted for obtaining legal advice or appointing tutor']

Ratio Decidendi

Neither the assertion that legal advice and legal representation is required and available, nor the assertion that Mr Doyle is under a legal incapacity, justifies adjournment. No proper evidence or procedural compliance has been established.

Court Disposition

Application for adjournment dismissed.

Orders

  • ['Adjournment application refused.' 'Court will continue to hear enforcement case.']