Sutherland v GHR Accounting [2017] NSWSC 100

Sutherland v GHR Accounting [2017] NSWSC 100

The competing interests of the parties favour granting the plaintiff an adjournment; the court is not satisfied at this stage that resistance to summary dismissal would be doomed to failure, and must consider the plaintiff's bona fide efforts as an unrepresented litigant.

Jurisdiction
Australia
Judgment Date
15 February 2017
Procedural Posture
Application for Summary Dismissal / Adjournment Application; Hearing of Notice of Motion Stood Over
Outcome
Adjournment granted; plaintiff to pay defendant's costs of today.
Legal Topics
['summary Dismissal' 'adjournment' 'costs']
['civil Procedure'] ['summary Dismissal' 'adjournment' 'costs']

Case Brief

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Procedural Posture

Application for Summary Dismissal / Adjournment Application; Hearing of Notice of Motion Stood Over

Legal Issues

  1. 1 ["Whether the plaintiff's claim should be dismissed summarily" 'Whether an adjournment of the proceedings should be granted']

Ratio Decidendi

The competing interests of the parties favour granting the plaintiff an adjournment; the court is not satisfied at this stage that resistance to summary dismissal would be doomed to failure, and must consider the plaintiff's bona fide efforts as an unrepresented litigant.

Court Disposition

Adjournment granted; plaintiff to pay defendant's costs of today.

Orders

  • ['The hearing of the notice of motion of the defendant is stood over part heard before me to 10AM on Friday 31 March 2017.' 'Any further materials upon which the plaintiff relies must be filed and served by Friday 24 March 2017 at 4PM, such filing being able to be undertaken by provision of documents to my...