Bingham v Bevan [2023] NSWSC 998

The hearing date is vacated and the matter adjourned, rather than staying proceedings, as the plaintiff has interim protection and the application for special leave will soon be determined; an adjournment balances justice and furtherance of the overriding purpose under Civil Procedure Act s 56.

Jurisdiction: Australia
Judgment Date: 21 August 2023
Procedural Posture: Civil / Interlocutory Motion
Outcome: Defendant's motion for stay dismissed; hearing vacated; proceedings adjourned; costs in the cause; liberty to apply.
Legal Topics: ['stay of Proceedings' 'adjournment' 'costs' 'application for Special Leave']

['civil Procedure'] ['stay of Proceedings' 'adjournment' 'costs' 'application for Special Leave']

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Procedural Posture

Civil / Interlocutory Motion

Legal Issues

1 ['Should the proceedings be stayed pending the outcome of a High Court Special Leave Application?' 'Should the hearing date be vacated and the matter adjourned?' 'Should costs be awarded for the motion?']

Ratio Decidendi

Court Disposition

Defendant's motion for stay dismissed; hearing vacated; proceedings adjourned; costs in the cause; liberty to apply.

Orders

['The hearing date of 31 August 2023 is vacated.' 'The matter is adjourned to 3 October 2023 before the Registrar.' "The defendant's motion is otherwise dismissed." 'Costs of the motion are costs in the cause.' 'The parties have liberty to apply on two days notice.']