Ying v Song & Anor [2012] NSWCA 52

Ying v Song & Anor [2012] NSWCA 52

The interests of justice outweighed the prejudice to the respondent, justifying the granting of an adjournment and costs to the respondent for the delay, with liberty to argue for indemnity basis costs at a future date.

Parties
Appellant: Ming Ying; First Respondent: Lida Song; Second Respondent: Budget Scaffold Supplies Pty Ltd
Jurisdiction
Australia
Judgment Date
14 March 2012
Procedural Posture
Interlocutory Application / Application for Adjournment of Appeal Hearing
Outcome
Appeal hearing adjourned; appellant to pay costs thrown away; matter placed before Registrar for case management; liberty to argue indemnity costs at future date.
Legal Topics
Adjournment, Interlocutory Judgment, Costs, Case Management
Civil Procedure Adjournment Interlocutory Judgment Costs Case Management

Case Brief

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Parties

Ming Ying

Appellant

Lida Song

First Respondent

Budget Scaffold Supplies Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether interests of justice require the granting of an adjournment for the appeal hearing
  2. 2 Whether prejudice to the respondent by adjournment can be remedied by a costs order

Ratio Decidendi

The interests of justice outweighed the prejudice to the respondent, justifying the granting of an adjournment and costs to the respondent for the delay, with liberty to argue for indemnity basis costs at a future date.

Court Disposition

Appeal hearing adjourned; appellant to pay costs thrown away; matter placed before Registrar for case management; liberty to argue indemnity costs at future date.

Orders

  • Order that the hearing date for this appeal be vacated (16.03.12).
  • Order that the matter be placed in the Court of Appeal Registrar's list for case management.