Chel v Fairfax Media Publications Pty Limited (No 3) [2015] NSWSC 1726
The Court declined the adjournment because the proceedings had been allocated a hearing date in April, would have begun on 9 November 2015 but for counsel's indisposition, the plaintiff should already have been ready to proceed, and the Court of Appeal had not granted a stay.
- Jurisdiction
- Australia
- Judgment Date
- 16 November 2015
- Procedural Posture
- Practice and Procedure / Application for Adjournment of Hearing Pending the Convening of a Court of Appeal
- Outcome
- Plaintiff's application for an adjournment declined.
- Legal Topics
- ['adjournment' 'trial by Jury' 'stay Pending Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Practice and Procedure / Application for Adjournment of Hearing Pending the Convening of a Court of Appeal
Legal Issues
- 1 ["Whether the plaintiff's application for an adjournment until 10 o'clock on Wednesday, 18 November 2015 should be granted pending the convening of the Court of Appeal to consider whether leave to appeal should be granted against the refusal of the plaintiff's application for trial by jury."]
Ratio Decidendi
The Court declined the adjournment because the proceedings had been allocated a hearing date in April, would have begun on 9 November 2015 but for counsel's indisposition, the plaintiff should already have been ready to proceed, and the Court of Appeal had not granted a stay.
Court Disposition
Plaintiff's application for an adjournment declined.
Orders
- ["Decline the plaintiff's application for an adjournment."]
Full Case Text
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