Glanville v TCN Channel Nine Pty Ltd (No 3) [2013] NSWSC 1185

Glanville v TCN Channel Nine Pty Ltd (No 3) [2013] NSWSC 1185

The adjournment was refused because the plaintiff's incapacity was not shown to be transient and the likelihood of recurrence was high, and a further adjournment would prejudice the defendants, especially given the plaintiff's poor prospects of success and his inability to pay costs. The proceedings were permanently stayed as it was neither fair nor just to proceed to final judgment nor to adjourn further given the circumstances.

Jurisdiction
Australia
Judgment Date
28 August 2013
Procedural Posture
Interlocutory Application / Application for Adjournment and Consideration of Permanent Stay
Outcome
Plaintiff's application for adjournment refused; proceedings stayed permanently
Legal Topics
['adjournment' 'permanent Stay' 'costs' 'defamation' 'mental Capacity' 'procedural Discretion']
['civil Procedure' 'defamation'] ['adjournment' 'permanent Stay' 'costs' 'defamation' 'mental Capacity' 'procedural Discretion']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Adjournment and Consideration of Permanent Stay

Legal Issues

  1. 1 ["Whether plaintiff's application for adjournment should be granted due to inability to attend court owing to acute stress" "Whether proceedings should be stayed or dismissed due to plaintiff's absence under cross-examination"]

Ratio Decidendi

The adjournment was refused because the plaintiff's incapacity was not shown to be transient and the likelihood of recurrence was high, and a further adjournment would prejudice the defendants, especially given the plaintiff's poor prospects of success and his inability to pay costs. The proceedings were permanently stayed as it was neither fair nor just to proceed to final judgment nor to adjourn further given the circumstances.

Court Disposition

Plaintiff's application for adjournment refused; proceedings stayed permanently

Orders

  • ["Plaintiff's application for adjournment refused" 'Proceedings stayed permanently']