Hanania v Parramatta Wholesale Cars Pty Ltd (No 3) [2020] NSWSC 1952

Hanania v Parramatta Wholesale Cars Pty Ltd (No 3) [2020] NSWSC 1952

The application for adjournment was granted on the balance of discretionary considerations, including the imminent resumption of live hearings, inherent difficulties with remote hearings (especially given interpreter issues and recent change of solicitor), and the interests of justice allowing the plaintiffs to...

Source-derived case information.

Parties
Plaintiff: George Shukri Hanania; Plaintiff: Raymond Hanania; Defendant: Issa Hanania; Fifth Cross Defendant: Elias Hanania
Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Civil / Application for Adjournment (procedural Ruling)
Outcome
Application for adjournment granted
Legal Topics
Adjournment, Remote Hearings, COVID 19 Impact, Hearing in Person, Court Discretion
Civil Procedure Adjournment Remote Hearings COVID 19 Impact Hearing in Person Court Discretion

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Parties

George Shukri Hanania

Plaintiff

Raymond Hanania

Plaintiff

Issa Hanania

Defendant

Elias Hanania

Fifth Cross Defendant

Procedural Posture

Civil / Application for Adjournment (procedural Ruling)

  1. 1 Whether to grant an adjournment to allow the hearing to be conducted in person rather than remotely

Ratio Decidendi

The application for adjournment was granted on the balance of discretionary considerations, including the imminent resumption of live hearings, inherent difficulties with remote hearings (especially given interpreter issues and recent change of solicitor), and the interests of justice allowing the plaintiffs to appear in person.

Court Disposition

Application for adjournment granted

Orders

  • The further hearing of the proceedings which was to commence next Monday is adjourned.
  • Fix the matter for further hearing with an estimate of five days commencing on Monday, 26 October 2020.