Young v Cooke [2016] NSWSC 1388

Young v Cooke [2016] NSWSC 1388

The adjournment is granted due to the plaintiff's inability to secure legal assistance, but only on the condition that the plaintiff pays the defendants' costs of the adjournment forthwith; further, the proceedings are stayed pending such payment and may be restored on notice by either party.

Jurisdiction
Australia
Judgment Date
20 July 2016
Procedural Posture
Application for Security for Costs and Adjournment / Hearing on Notice of Motion; Interlocutory Judgment
Outcome
Adjournment granted to plaintiff, conditional on immediate payment of costs to defendants; proceedings stayed until payment.
Legal Topics
['security for Costs' 'adjournment' 'gross Sum Costs Order' 'stay of Proceedings']
['civil Procedure'] ['security for Costs' 'adjournment' 'gross Sum Costs Order' 'stay of Proceedings']

Case Brief

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Procedural Posture

Application for Security for Costs and Adjournment / Hearing on Notice of Motion; Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an adjournment of the application for security for costs' 'Whether a gross sum costs order for the adjournment is appropriate' 'Whether the proceedings should be stayed pending payment of costs']

Ratio Decidendi

The adjournment is granted due to the plaintiff's inability to secure legal assistance, but only on the condition that the plaintiff pays the defendants' costs of the adjournment forthwith; further, the proceedings are stayed pending such payment and may be restored on notice by either party.

Court Disposition

Adjournment granted to plaintiff, conditional on immediate payment of costs to defendants; proceedings stayed until payment.

Orders

  • ["Adjourn the proceedings on the plaintiff's application subject to payment by the plaintiff of the defendants' costs of the adjournment being the sum of $3,500." 'Order that the costs be payable forthwith and the proceedings be stayed pending payment of those costs by the plaintiff to the defendants.' "Direct that...