Michael Phontos t/as Phontos Legal v CBS Build Pty Ltd [2022] NSWDC 33

Michael Phontos t/as Phontos Legal v CBS Build Pty Ltd [2022] NSWDC 33

The Defendants failed to comply with procedural requirements for notice and affidavit, failed to demonstrate a very good reason for vacating the hearing date, and their conduct frustrated the overriding purpose and case management objects; accordingly, applications to vacate or stay proceedings were refused.

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Civil / Interlocutory Motions – Application to Vacate Hearing Date and Stay Proceedings
Outcome
Defendants' application to vacate hearing date refused; application to stay proceedings refused.
Legal Topics
['application to Vacate Hearing Date' 'stay of Proceedings' 'case Management' 'overriding Purpose' 'costs']
['civil Procedure'] ['application to Vacate Hearing Date' 'stay of Proceedings' 'case Management' 'overriding Purpose' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Motions – Application to Vacate Hearing Date and Stay Proceedings

Legal Issues

  1. 1 ['Whether the Defendants could bring an application to vacate the hearing date without Notice of Motion.' 'Whether the Defendants had established a basis to vacate the hearing date.' "Whether the Defendants' application to stay proceedings should be granted."]

Ratio Decidendi

The Defendants failed to comply with procedural requirements for notice and affidavit, failed to demonstrate a very good reason for vacating the hearing date, and their conduct frustrated the overriding purpose and case management objects; accordingly, applications to vacate or stay proceedings were refused.

Court Disposition

Defendants' application to vacate hearing date refused; application to stay proceedings refused.

Orders

  • ['Refused leave to Defendants to make oral application to vacate hearing date without Notice of Motion.' 'Application to vacate hearing date refused.' 'Reasons reserved to allow hearing to commence before another Judge.' "Defendants' application to stay proceedings refused." "Defendants to pay Plaintiff's costs for...