Yerbury v Macquarie University [2007] NSWSC 551

Yerbury v Macquarie University [2007] NSWSC 551

The defendant was entitled to a short adjournment because the issue was confined, the defendant had only recently been notified of the prospective application, affidavits could be served by Thursday, and the justice of the matter required allowing the defendant to put on evidence in opposition to the application to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 May 2007
Procedural Posture
Notice of Motion to Vary Consent Orders Concerning Inspection of Documents / Application for Adjournment of Plaintiff's Application to Vary Consent Orders
Outcome
Short adjournment granted.
Legal Topics
['adjournments' 'variation of Consent Orders' 'inspection of Documents']
['procedure'] ['adjournments' 'variation of Consent Orders' 'inspection of Documents']

Source-derived case record

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Procedural Posture

Notice of Motion to Vary Consent Orders Concerning Inspection of Documents / Application for Adjournment of Plaintiff's Application to Vary Consent Orders

Legal Issues

  1. 1 ['Whether the defendant should be granted an adjournment to put on evidence opposing deletion of paragraph 3 of the consent orders.']

Ratio Decidendi

The defendant was entitled to a short adjournment because the issue was confined, the defendant had only recently been notified of the prospective application, affidavits could be served by Thursday, and the justice of the matter required allowing the defendant to put on evidence in opposition to the application to vary the consent orders.

Court Disposition

Short adjournment granted.

Orders

  • ["The defendant is to serve on the plaintiff by no later than 4.00 pm on Thursday 31 May 2007 all affidavits upon which it intends to rely in opposition to the plaintiff's application to vary the consent orders made on 1 May 2007." 'The matter is stood over before the Duty Judge at 10.00 am on Friday 1 June 2007.'...