MIHAJLOVIC v SPARGO [1994] NSWCA 204

MIHAJLOVIC v SPARGO [1994] NSWCA 204

The motion will be dismissed if the applicant fails to file and serve the required affidavit by the specified deadline, as repeated adjournments without proper evidence unjustifiably impose costs on the other party.

Parties
Applicant: Mihajlovic; Respondent: Spargo
Jurisdiction
Australia
Judgment Date
04 July 1994
Procedural Posture
Motion / Interlocutory
Outcome
conditional order
Legal Topics
Extension of Time, Stay of Proceedings, Delay, Adjournment
Extension of Time Stay of Proceedings Delay Adjournment

Case Brief

Summary, issues, holding and outcome

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Parties

Mihajlovic

Applicant

Spargo

Respondent

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 whether the applicant is entitled to an extension of time
  2. 2 whether the proceedings should be stayed
  3. 3 whether repeated adjournments impose unjustified costs

Ratio Decidendi

The motion will be dismissed if the applicant fails to file and serve the required affidavit by the specified deadline, as repeated adjournments without proper evidence unjustifiably impose costs on the other party.

Court Disposition

conditional order

Orders

  • Motion stood over until 11 July 1994
  • Applicant must file and serve affidavit by 12 o'clock on Friday next