Ryan v Breen [2014] NSWSC 1740

Ryan v Breen [2014] NSWSC 1740

The plaintiff failed to provide adequate and specific evidence explaining the lack of preparedness for trial or earlier attempts to secure funds; the potential injustice to the defendant from further delay (including adverse health effects) outweighed the inconvenience to the plaintiff. The court refused the adjournment and dismissed the notice of motion with costs.

Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Notice of Motion / Application for Adjournment Before Trial
Outcome
Notice of Motion to vacate hearing dismissed with costs.
Legal Topics
['adjournment' 'vacation of Hearing' 'costs']
['civil Procedure'] ['adjournment' 'vacation of Hearing' 'costs']

Case Brief

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Procedural Posture

Notice of Motion / Application for Adjournment Before Trial

Legal Issues

  1. 1 ['Whether the plaintiff has provided sufficient explanation for lack of preparedness to justify vacating the imminent hearing date' 'Whether prejudice to the defendant from delay outweighs potential prejudice to the plaintiff']

Ratio Decidendi

The plaintiff failed to provide adequate and specific evidence explaining the lack of preparedness for trial or earlier attempts to secure funds; the potential injustice to the defendant from further delay (including adverse health effects) outweighed the inconvenience to the plaintiff. The court refused the adjournment and dismissed the notice of motion with costs.

Court Disposition

Notice of Motion to vacate hearing dismissed with costs.

Orders

  • ['Application to vacate hearing refused' 'Trial date is confirmed' 'Notice of motion is dismissed with costs']