NWC Finance Pty Ltd v Borsellino and Anor [2015] NSWSC 211

NWC Finance Pty Ltd v Borsellino and Anor [2015] NSWSC 211

Adjournment is granted to avoid injustice to the First Defendant, given lack of preparation by her solicitors and conflict of interest, with directions for determination of responsibility for costs between First Defendant and her solicitor.

Parties
Plaintiff: NWC Finance Pty Ltd; First Defendant/first Cross Claimant: Elisa Borsellino; Second Defendant: Unnamed Second Defendant (husband)
Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Possession Matter / Adjournment Application
Outcome
Adjournment granted; directions as to costs and communication to First Defendant; costs reserved.
Legal Topics
Adjournment, Conflict of Interest, Costs
Civil Procedure Adjournment Conflict of Interest Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

NWC Finance Pty Ltd

Plaintiff

Elisa Borsellino

First Defendant/first Cross Claimant

Unnamed Second Defendant (husband)

Second Defendant

Procedural Posture

Possession Matter / Adjournment Application

Legal Issues

  1. 1 Whether an adjournment should be granted due to solicitor's unpreparedness and conflict of interest
  2. 2 Who is responsible for costs thrown away as a result of adjournment

Ratio Decidendi

Adjournment is granted to avoid injustice to the First Defendant, given lack of preparation by her solicitors and conflict of interest, with directions for determination of responsibility for costs between First Defendant and her solicitor.

Court Disposition

Adjournment granted; directions as to costs and communication to First Defendant; costs reserved.

Orders

  • Hearing adjourned to 11 March 2015 at 10am before Beech-Jones J for directions and hearing as to responsibility for costs of adjournment.
  • First Defendant's solicitors to courier letter to First Defendant by 10am on 10 March 2015 outlining details of the adjournment and requirement to attend.