Sporting Shooters Association of Australia (New South Wales) Inc v McGuire (No 2) [2015] NSWSC 1239

Sporting Shooters Association of Australia (New South Wales) Inc v McGuire (No 2) [2015] NSWSC 1239

The plaintiffs' application to vacate the hearing was refused because the witness was not found to be indispensable, the plaintiffs were responsible for delay, and the dictates of justice required the hearing to proceed.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Civil / Application to Vacate Hearing Date
Outcome
Plaintiffs' application to vacate the hearing date refused. Plaintiffs to pay defendant's costs of the application.
Legal Topics
['application to Vacate Hearing Date' 'defamation' 'costs']
['civil Procedure'] ['application to Vacate Hearing Date' 'defamation' 'costs']

Case Brief

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Procedural Posture

Civil / Application to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date should be vacated for a second time given witness unavailability and the dictates of justice']

Ratio Decidendi

The plaintiffs' application to vacate the hearing was refused because the witness was not found to be indispensable, the plaintiffs were responsible for delay, and the dictates of justice required the hearing to proceed.

Court Disposition

Plaintiffs' application to vacate the hearing date refused. Plaintiffs to pay defendant's costs of the application.

Orders

  • ["Plaintiffs to pay defendant's costs of the notice of motion."]