Robinson, N.E. v. Syefile Pty Ltd & Ors [1985] FCA 495

Robinson, N.E. v. Syefile Pty Ltd & Ors [1985] FCA 495

Adjournment was appropriate due to late discovery of critical documents, with costs thrown away to be paid by applicant, and leave granted for amendment of pleadings.

Parties
Applicant: Nancy Eleanor Robinson; First Respondent: Syefile Pty. Limited; Second Respondent: Theo Stanley Gorey; Third Respondent: Roland Gorey; Fourth Respondent: Gillian Gorey
Jurisdiction
Australia
Judgment Date
09 September 1985
Procedural Posture
General Division / Hearing Adjournment; Pre Trial
Outcome
Hearing adjourned to next call-over in Melbourne; costs thrown away and costs of and occasioned by amendments to statement of claim to be paid by applicant; leave granted to amend statement of claim and file amended defences.
Legal Topics
Adjournment of Hearing, Costs Orders, Amendment of Pleadings
Adjournment of Hearing Costs Orders Amendment of Pleadings

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Parties

Nancy Eleanor Robinson

Applicant

Syefile Pty. Limited

First Respondent

Theo Stanley Gorey

Second Respondent

Roland Gorey

Third Respondent

Gillian Gorey

Fourth Respondent

Procedural Posture

General Division / Hearing Adjournment; Pre Trial

Legal Issues

  1. 1 Whether the hearing should be adjourned due to late discovery of critical documents
  2. 2 Entitlement to costs thrown away due to adjournment
  3. 3 Whether leave should be granted to amend the statement of claim

Ratio Decidendi

Adjournment was appropriate due to late discovery of critical documents, with costs thrown away to be paid by applicant, and leave granted for amendment of pleadings.

Court Disposition

Hearing adjourned to next call-over in Melbourne; costs thrown away and costs of and occasioned by amendments to statement of claim to be paid by applicant; leave granted to amend statement of claim and file amended defences.

Orders

  • Adjournment of matter to next call-over in Melbourne.
  • Costs thrown away by reason of adjournment today to be borne by applicant in any event.