Demir Leather and Furniture Pty Ltd v Michael (No 2) [2017] NSWSC 1624

Demir Leather and Furniture Pty Ltd v Michael (No 2) [2017] NSWSC 1624

Given the circumstances of expert unavailability and representative error and no significant prejudice to the defendant, the extension of time for service of evidence was granted, noting the overarching purpose of the legislative scheme per Civil Procedure Act 2005 (NSW). Indemnity costs followed due to the need for repeated indulgences and lack of timely communication from the plaintiff.

Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Application / Interlocutory Application for Extension of Time to File Evidence
Outcome
Application granted; extension of time and costs orders made.
Legal Topics
['extension of Time' 'costs' 'filing of Evidence']
['civil Procedure'] ['extension of Time' 'costs' 'filing of Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Interlocutory Application for Extension of Time to File Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension of time to file both lay and expert evidence' 'Whether costs should be awarded for the application']

Ratio Decidendi

Given the circumstances of expert unavailability and representative error and no significant prejudice to the defendant, the extension of time for service of evidence was granted, noting the overarching purpose of the legislative scheme per Civil Procedure Act 2005 (NSW). Indemnity costs followed due to the need for repeated indulgences and lack of timely communication from the plaintiff.

Court Disposition

Application granted; extension of time and costs orders made.

Orders

  • ['The plaintiff file and serve expert reports on or before 4 December 2017.' 'The plaintiff file and serve any statement of claim on or before 4 December 2017.' 'The defendant file and serve any amended defence on or before 22 January 2018.' 'The defendant file and serve lay evidence on which he proposes to rely by...