Young v King (No 7) [2015] NSWLEC 178

Young v King (No 7) [2015] NSWLEC 178

There were no sufficient grounds to vacate the fixed hearing date for costs, as medical evidence was lacking, delay would prejudice the respondents, and the Court cannot permit the matter to be indefinitely prolonged. The applicant's Notice of Motion to vacate is dismissed and directions for the conduct of the hearing are made.

Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Class 4 / Notice of Motion to Vacate Hearing Procedural Ruling
Outcome
Applicant's Notice of Motion to vacate the hearing on 30 November 2015 is dismissed.
Legal Topics
['adjournment of Proceedings' 'costs Hearing' 'practice and Procedure']
['civil Procedure'] ['adjournment of Proceedings' 'costs Hearing' 'practice and Procedure']

Case Brief

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Procedural Posture

Class 4 / Notice of Motion to Vacate Hearing Procedural Ruling

Legal Issues

  1. 1 ["Whether the hearing of costs issues fixed for 30 November 2015 should be vacated due to applicant's counsel's illness." 'Whether there are proper grounds to defer the commencement of the costs hearing.']

Ratio Decidendi

There were no sufficient grounds to vacate the fixed hearing date for costs, as medical evidence was lacking, delay would prejudice the respondents, and the Court cannot permit the matter to be indefinitely prolonged. The applicant's Notice of Motion to vacate is dismissed and directions for the conduct of the hearing are made.

Court Disposition

Applicant's Notice of Motion to vacate the hearing on 30 November 2015 is dismissed.

Orders

  • ["Applicant's NOM to vacate hearing dismissed." "Costs of today are all parties' costs in the cause." 'Directions to file appearances, addresses for service, and necessary Notices of Motion.' "Applicant's submissions to specify claims and legal bases against each respondent; to be provided in Word format to parties...