Medi-Aid Centre Foundation Ltd v Joys Child Care Ltd [2017] NSWSC 1463

Medi-Aid Centre Foundation Ltd v Joys Child Care Ltd [2017] NSWSC 1463

The application to vacate the hearing date was refused due to insufficient and inadequate evidence supporting the defendant's claim of unavailability; leave was granted for the defendant to issue a subpoena for the sought documents as a self-represented party.

Source-derived case information.

Parties
Plaintiff: Medi-Aid Centre Foundation Ltd; Defendant: Joys Child Care Ltd
Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Possession Proceedings / Interlocutory Application on Adjournment
Outcome
Defendant's application to adjourn refused; leave granted to issue subpoena; hearing date confirmed; defendant to pay plaintiff's costs.
Legal Topics
Application to Vacate Hearing Date, Adjournment, Subpoena
Civil Procedure Application to Vacate Hearing Date Adjournment Subpoena

Source-derived case record

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Parties

Medi-Aid Centre Foundation Ltd

Plaintiff

Joys Child Care Ltd

Defendant

Procedural Posture

Possession Proceedings / Interlocutory Application on Adjournment

Legal Issues

  1. 1 Whether the hearing date should be vacated due to alleged unavailability of defendant's evidence
  2. 2 Whether leave should be granted to issue a subpoena for Department of Education documents

Ratio Decidendi

The application to vacate the hearing date was refused due to insufficient and inadequate evidence supporting the defendant's claim of unavailability; leave was granted for the defendant to issue a subpoena for the sought documents as a self-represented party.

Court Disposition

Defendant's application to adjourn refused; leave granted to issue subpoena; hearing date confirmed; defendant to pay plaintiff's costs.

Orders

  • Application to vacate hearing date refused.
  • Leave granted to defendant to issue subpoena to Department of Education.