Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors (No 2) [2011] NSWSC 1631

Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors (No 2) [2011] NSWSC 1631

The application was adjourned because hearing it immediately, after the respondent proposed to proceed without relying on the late-served affidavit, would risk serious findings against Mr MacCallum being made by inference despite an underlying factual dispute, and because a possible similar application by the first plaintiff could lead to inconsistent findings on the same issues.

Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Application Under (nsw) Civil Procedure Act 2005, S 99 for Former Solicitor to Indemnify Second Plaintiff for Costs / Hearing of the Second Plaintiff's Application; Adjournment Considered and Granted
Outcome
Proceedings adjourned
Legal Topics
['solicitor Indemnity for Costs' 'civil Procedure Act 2005 (nsw) S 99' 'adjournment' 'late Service of Evidence' 'risk of Inconsistent Findings']
['practice and Procedure' 'costs'] ['solicitor Indemnity for Costs' 'civil Procedure Act 2005 (nsw) S 99' 'adjournment' 'late Service of Evidence' 'risk of Inconsistent Findings']

Case Brief

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Procedural Posture

Application Under (nsw) Civil Procedure Act 2005, S 99 for Former Solicitor to Indemnify Second Plaintiff for Costs / Hearing of the Second Plaintiff's Application; Adjournment Considered and Granted

Legal Issues

  1. 1 ["Whether the second plaintiff's application under (NSW) Civil Procedure Act 2005, s 99 should proceed despite late service of the respondent's affidavit." 'Whether the proceeding should be adjourned because of the risk of injustice to the respondent and possible inconsistent findings if the first plaintiff later brought a similar application.']

Ratio Decidendi

The application was adjourned because hearing it immediately, after the respondent proposed to proceed without relying on the late-served affidavit, would risk serious findings against Mr MacCallum being made by inference despite an underlying factual dispute, and because a possible similar application by the first plaintiff could lead to inconsistent findings on the same issues.

Court Disposition

Proceedings adjourned

Orders

  • ['Proceedings adjourned']