Lando v Rawlinson & Brown Pty Limited [2018] NSWSC 220

Lando v Rawlinson & Brown Pty Limited [2018] NSWSC 220

The case could not proceed due to flagrant and lamentable failures by both parties to comply with court orders regarding evidence and trial preparation. The interests of justice and efficient case management required vacation of the trial date and each side bearing its own costs for the vacation.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Civil / Procedural Ruling Prior to Trial
Outcome
Trial date vacated; case management orders made; parties to bear their own costs for the vacation.
Legal Topics
['vacation of Trial Date' 'costs' 'case Management' 'compliance With Court Orders']
['civil Procedure'] ['vacation of Trial Date' 'costs' 'case Management' 'compliance With Court Orders']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Procedural Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether trial should proceed given non-compliance with court orders' 'Appropriate costs orders in light of delay and non-compliance']

Ratio Decidendi

The case could not proceed due to flagrant and lamentable failures by both parties to comply with court orders regarding evidence and trial preparation. The interests of justice and efficient case management required vacation of the trial date and each side bearing its own costs for the vacation.

Court Disposition

Trial date vacated; case management orders made; parties to bear their own costs for the vacation.

Orders

  • ['The trial date is vacated.' 'The parties are to bear their own costs for the costs thrown away for the vacation of the hearing.' 'The plaintiff is to file and serve any additional affidavit evidence by 20 February 2018.' 'The defendant is to file and serve any further affidavit evidence, including evidence...