Hurstville City Council v Jacobs (No 3) [2015] NSWLEC 194

Hurstville City Council v Jacobs (No 3) [2015] NSWLEC 194

Mr Jacobs failed to demonstrate sufficient cause to vary the time for compliance with consent orders, and granting an adjournment would not be consistent with the efficient and just disposal of the court's business, nor justified given the history of the matter and absence of prospects for timely compliance.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Class 4 / Procedural Ruling on Interlocutory Motion
Outcome
Notice of Motion dismissed; leave granted to solicitor to cease acting; matter stood over for directions and fixing a hearing date for costs orders.
Legal Topics
['motion to Extend Time' 'adjournment' 'compliance With Consent Orders']
['civil Procedure'] ['motion to Extend Time' 'adjournment' 'compliance With Consent Orders']

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Procedural Posture

Class 4 / Procedural Ruling on Interlocutory Motion

Legal Issues

  1. 1 ['Whether sufficient cause was shown to vary the time for compliance with consent orders' 'Whether an adjournment of the hearing should be granted']

Ratio Decidendi

Mr Jacobs failed to demonstrate sufficient cause to vary the time for compliance with consent orders, and granting an adjournment would not be consistent with the efficient and just disposal of the court's business, nor justified given the history of the matter and absence of prospects for timely compliance.

Court Disposition

Notice of Motion dismissed; leave granted to solicitor to cease acting; matter stood over for directions and fixing a hearing date for costs orders.

Orders

  • ['Grant leave to Michael Vassili to cease acting for the Applicant on the notice of motion filed on 1 September 2015, effective immediately.' 'Give leave for Mr Vassili to file and serve a Notice of Ceasing to Act for Mr Jacobs notwithstanding the requirements under r 7.29(2) of the Uniform Civil Procedure Rules...