Di Gregorio v Lumi Finance Pty Ltd [2022] NSWSC 1323

Di Gregorio v Lumi Finance Pty Ltd [2022] NSWSC 1323

In light of the plaintiffs' repeated failures to comply with court directions, the Court granted a final extension of time for compliance, confirmed the scheduled hearing, and ordered costs against the plaintiffs on an indemnity basis for their non-appearance and non-compliance.

Jurisdiction
Australia
Judgment Date
29 September 2022
Procedural Posture
Civil / Procedural Ruling Prior to Final Hearing
Outcome
Time for compliance extended; proceeding stood over for directions; costs ordered against plaintiffs on indemnity basis.
Legal Topics
['adjournment' 'vacating Hearing Date' 'failure to Comply With Court Directions' 'extension of Time' 'costs Orders']
['civil Procedure'] ['adjournment' 'vacating Hearing Date' 'failure to Comply With Court Directions' 'extension of Time' 'costs Orders']

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Procedural Posture

Civil / Procedural Ruling Prior to Final Hearing

Legal Issues

  1. 1 ['Whether to extend time for plaintiffs to file and serve submissions and evidence' "Whether to vacate the hearing date in light of plaintiffs' non-compliance"]

Ratio Decidendi

In light of the plaintiffs' repeated failures to comply with court directions, the Court granted a final extension of time for compliance, confirmed the scheduled hearing, and ordered costs against the plaintiffs on an indemnity basis for their non-appearance and non-compliance.

Court Disposition

Time for compliance extended; proceeding stood over for directions; costs ordered against plaintiffs on indemnity basis.

Orders

  • ["Extend time provided for in order 4 of the Registrar's Orders made on 6 July 2022 to 5 October 2022." "Extend time provided for in order 5 of the Registrar's Orders made on 6 July 2022 to 10 October 2022." 'Proceedings stood over for Directions before the Registrar at 9:00am on 6 October 2022.' "Plaintiffs to pay...