Singh v Secretary of the Department of Communities and Justice [2021] NSWSC 1409

It is appropriate to vacate the hearing date to allow counsel with familiarity in complex related proceedings to assist the Court; the minimal delay is justified by the greater efficiency and just resolution of the issues.

Jurisdiction: Australia
Judgment Date: 01 November 2021
Procedural Posture: Notice of Motion / Interlocutory Application to Vacate and Relist Hearing Date
Outcome: Application to vacate and relist hearing date allowed.
Legal Topics: ['vacating and Relisting Hearings' 'court Administration' 'costs Assessment' 'bankruptcy']

['civil Procedure'] ['vacating and Relisting Hearings' 'court Administration' 'costs Assessment' 'bankruptcy']

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Procedural Posture

Notice of Motion / Interlocutory Application to Vacate and Relist Hearing Date

Legal Issues

1 ['whether the hearing date for the notice of motion should be vacated and relisted to allow defendants to retain counsel familiar with proceedings of complexity' 'delay impact on plaintiff from vacating and relisting hearing']

Ratio Decidendi

Court Disposition

Application to vacate and relist hearing date allowed.

Orders

['The hearing of the notice of motion filed on 3 September 2021 listed for 8 December 2021 is vacated.' 'The matter of the notice of motion filed on 3 September 2021 is listed before the registrar on 5 November 2021 to obtain a date for hearing in the first two weeks of February 2022.']