Nerez Grant v Gwendoline Peggy Hall [2013] NSWSC 1180

Nerez Grant v Gwendoline Peggy Hall [2013] NSWSC 1180

Although the plaintiff's preparation and delay were unsatisfactory, the technical nature of the proceedings and the risk that a self-represented hearing would not conclude within the allocated time justified granting the adjournment, but only on stringent terms requiring security for the first and second defendants' costs and restricting further evidence.

Jurisdiction
Australia
Judgment Date
26 August 2013
Procedural Posture
Interlocutory Applications / Plaintiff's Application for Adjournment of Hearing
Outcome
Adjournment granted on terms.
Legal Topics
['adjournment' 'litigant in Person' 'security for Costs' 'costs Thrown Away' 'filing Further Evidence']
['practice and Procedure'] ['adjournment' 'litigant in Person' 'security for Costs' 'costs Thrown Away' 'filing Further Evidence']

Case Brief

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Procedural Posture

Interlocutory Applications / Plaintiff's Application for Adjournment of Hearing

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an adjournment of the listed hearing after appearing without legal representation.' "Whether any adjournment should be conditioned on the plaintiff providing security for the first and second defendants' costs to date and future costs." 'Whether the plaintiff should be permitted to file further evidence without leave of the Court.']

Ratio Decidendi

Although the plaintiff's preparation and delay were unsatisfactory, the technical nature of the proceedings and the risk that a self-represented hearing would not conclude within the allocated time justified granting the adjournment, but only on stringent terms requiring security for the first and second defendants' costs and restricting further evidence.

Court Disposition

Adjournment granted on terms.

Orders

  • ['In relation to all costs orders made to date in favour of the first defendant, leave granted to the first defendant for those costs to be assessed and payable forthwith.' "On or before 8 October 2013 the plaintiff is to provide security for costs in a form satisfactory to the first and second defendants or...