Dresler v Mrish [2000] NSWSC 609

Dresler v Mrish [2000] NSWSC 609

The fixture should be vacated on the basis of the first defendant’s solicitor’s responsibility for failure to prepare; the solicitor is to indemnify the plaintiff for the costs thrown away, to be assessed and paid forthwith.

Jurisdiction
Australia
Judgment Date
26 June 2000
Procedural Posture
Equity Proceeding / Interlocutory Application to Vacate Fixture
Outcome
Fixture vacated on terms by consent; new hearing dates set; costs thrown away to be paid by the first defendant’s solicitor.
Legal Topics
['vacation of Fixture' 'case Management' 'supreme Court Rules' 'costs Thrown Away']
['civil Procedure'] ['vacation of Fixture' 'case Management' 'supreme Court Rules' 'costs Thrown Away']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Application to Vacate Fixture

Legal Issues

  1. 1 ["Whether the fixture should be vacated due to the first defendant's solicitor's lack of preparation" 'Who should bear the costs thrown away by the adjournment']

Ratio Decidendi

The fixture should be vacated on the basis of the first defendant’s solicitor’s responsibility for failure to prepare; the solicitor is to indemnify the plaintiff for the costs thrown away, to be assessed and paid forthwith.

Court Disposition

Fixture vacated on terms by consent; new hearing dates set; costs thrown away to be paid by the first defendant’s solicitor.

Orders

  • ['Fixture vacated.' 'Proceedings adjourned to 7–9 August 2000.' 'First defendant’s solicitor to indemnify plaintiff for costs thrown away, to be assessed and paid forthwith.']