Ravesi v National Australia Bank Limited (No 2) [2014] FCA 167

Ravesi v National Australia Bank Limited (No 2) [2014] FCA 167

The plaintiff was not prepared for trial when the matter was listed for hearing and did not seek an adjournment until the morning of the hearing, despite knowing earlier that he could not proceed. Because the defendants were entitled to continue preparing for trial while the adjournment was opposed, the costs thrown away by the adjournment were incurred by reason of the plaintiff's late application and should be paid by him, fixed at $6000.

Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Federal Court Civil Proceeding / Costs Determination After Judgment Concerning Costs Thrown Away by Adjournment
Outcome
The plaintiff was ordered to pay the defendants' costs thrown away by reason of the adjournment, fixed at $6000.
Legal Topics
['adjournment' 'costs Thrown Away' 'fixed Costs' 'self Represented Litigant']
['civil Procedure' 'costs'] ['adjournment' 'costs Thrown Away' 'fixed Costs' 'self Represented Litigant']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Costs Determination After Judgment Concerning Costs Thrown Away by Adjournment

Legal Issues

  1. 1 ['Whether the defendants should recover costs thrown away by reason of the adjournment of the hearing on 29 July 2013.' 'Whether the costs thrown away should be fixed at $6000.']

Ratio Decidendi

The plaintiff was not prepared for trial when the matter was listed for hearing and did not seek an adjournment until the morning of the hearing, despite knowing earlier that he could not proceed. Because the defendants were entitled to continue preparing for trial while the adjournment was opposed, the costs thrown away by the adjournment were incurred by reason of the plaintiff's late application and should be paid by him, fixed at $6000.

Court Disposition

The plaintiff was ordered to pay the defendants' costs thrown away by reason of the adjournment, fixed at $6000.

Orders

  • ['The plaintiff pay to the defendants the costs thrown away by reason of the adjournment of the hearing on 29 July 2013, fixed at $6000.']