Lieu & Anor v Deng & Anor (No 2) [2006] NSWIRComm 260

Lieu & Anor v Deng & Anor (No 2) [2006] NSWIRComm 260

Application for adjournment refused as sufficient time had been available to applicant to prepare and obtain expert evidence; prejudice to respondents from further delay not adequately mitigated by costs given applicant's history and financial position; obligation to conduct matters efficiently outweighs further...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 August 2006
Procedural Posture
Application Pursuant to S 106 of the Industrial Relations Act 1996 / Interlocutory Application for Adjournment—notice of Motion
Outcome
Application for adjournment refused
Legal Topics
['unfair Contract' 'practice and Procedure' 'adjournment' 'costs']
['industrial Law'] ['unfair Contract' 'practice and Procedure' 'adjournment' 'costs']

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Procedural Posture

Application Pursuant to S 106 of the Industrial Relations Act 1996 / Interlocutory Application for Adjournment—notice of Motion

Legal Issues

  1. 1 ["Whether the hearing should be adjourned due to applicant's financial difficulties and inability to obtain expert evidence" 'Whether prejudice to respondents from delay could be mitigated by a costs order' "Court's obligation to conduct matters in effective, efficient and prompt manner"]

Ratio Decidendi

Application for adjournment refused as sufficient time had been available to applicant to prepare and obtain expert evidence; prejudice to respondents from further delay not adequately mitigated by costs given applicant's history and financial position; obligation to conduct matters efficiently outweighs further adjournment.

Court Disposition

Application for adjournment refused

Orders

  • ['Applicant to pay the costs of the first and second respondents, as agreed or as assessed in respect of the notice of motion']