Chel v Fairfax Media Publications Pty Limited (No 3) [2015] NSWSC 1726

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

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Procedural Posture

Practice and Procedure / Application for Adjournment of Hearing Pending the Convening of a Court of Appeal

  1. 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."]