Lazarus v DPP (NSW) [2015] NSWSC 487

Lazarus v DPP (NSW) [2015] NSWSC 487

An extension of time for the plaintiff to file and serve affidavits and submissions is justified on the basis of her illness, but not to the extent of vacating the hearing date, given the lack of medical support for the impact on cognitive function, the need for expeditious proceedings, and the absence of prejudice to the defendant from a short extension but the presence of prejudice from significant delay.

Jurisdiction
Australia
Judgment Date
28 April 2015
Procedural Posture
Notice of Motion in Civil Proceedings / Interlocutory – Application for Extension of Time and Vacation of Hearing Date
Outcome
Notice of motion granted in part: extension of time for filing material; application to vacate the hearing date dismissed.
Legal Topics
['notice of Motion' 'extension of Time' 'vacation of Hearing Date' 'striking Out Judgment' 'summons' 'mental Health and Court Proceedings']
['civil Procedure'] ['notice of Motion' 'extension of Time' 'vacation of Hearing Date' 'striking Out Judgment' 'summons' 'mental Health and Court Proceedings']

Case Brief

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Procedural Posture

Notice of Motion in Civil Proceedings / Interlocutory – Application for Extension of Time and Vacation of Hearing Date

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension of time to file and serve affidavits and written submissions in support of her summons' 'Whether the hearing date of the originating process should be vacated']

Ratio Decidendi

An extension of time for the plaintiff to file and serve affidavits and submissions is justified on the basis of her illness, but not to the extent of vacating the hearing date, given the lack of medical support for the impact on cognitive function, the need for expeditious proceedings, and the absence of prejudice to the defendant from a short extension but the presence of prejudice from significant delay.

Court Disposition

Notice of motion granted in part: extension of time for filing material; application to vacate the hearing date dismissed.

Orders

  • ['The notice of motion is granted in part.' 'Vary the date by which the plaintiff is to file and serve any affidavits in support of her summons, and the written submissions in support of the summons, to 1 June 2015.' 'Vary the date upon which the first defendant is to file and serve any affidavit material in...