Jacups v Knaggs [2020] NSWSC 60

Jacups v Knaggs [2020] NSWSC 60

Because all parties, including the plaintiff, are currently legally represented, the motion is ready to proceed, and the objectives of the Civil Procedure Act would not be served by an adjournment, special circumstances exist to prevent granting the adjournment under s 57 of the Legal Aid Commission Act 1979.

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Civil / Application for Adjournment Prior to Hearing Motion to Amend Statement of Claim and Join Additional Defendants
Outcome
Plaintiff's application to adjourn the proceedings is refused.
Legal Topics
['adjournment of Proceedings' 'legal Aid Appeal' 'overriding Purpose in Litigation']
['civil Procedure'] ['adjournment of Proceedings' 'legal Aid Appeal' 'overriding Purpose in Litigation']

Case Brief

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Procedural Posture

Civil / Application for Adjournment Prior to Hearing Motion to Amend Statement of Claim and Join Additional Defendants

Legal Issues

  1. 1 ['Whether an adjournment is mandatory under s 57 of Legal Aid Commission Act 1979 (NSW) when a legal aid appeal is pending' 'Whether special circumstances prevent the grant of an adjournment']

Ratio Decidendi

Because all parties, including the plaintiff, are currently legally represented, the motion is ready to proceed, and the objectives of the Civil Procedure Act would not be served by an adjournment, special circumstances exist to prevent granting the adjournment under s 57 of the Legal Aid Commission Act 1979.

Court Disposition

Plaintiff's application to adjourn the proceedings is refused.

Orders

  • ['The application to adjourn the proceedings is refused.']