Ryding v Miles & Ors [2011] NSWSC 718

Ryding v Miles & Ors [2011] NSWSC 718

It is appropriate to vacate the hearing dates since proceeding without plaintiff’s counsel and instructing solicitor could prejudice the plaintiff and defendants can be compensated for costs thrown away.

Jurisdiction
Australia
Judgment Date
06 July 2011
Procedural Posture
Interlocutory Application / Application to Vacate Hearing Dates
Outcome
Hearing dates vacated; order for costs thrown away made against plaintiff.
Legal Topics
['vacation of Hearing Dates' 'costs Thrown Away']
['practice and Procedure'] ['vacation of Hearing Dates' 'costs Thrown Away']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether hearing dates should be vacated due to unavailability of plaintiff’s counsel and instructing solicitor' 'Whether costs should be ordered against the plaintiff for vacating the hearing dates']

Ratio Decidendi

It is appropriate to vacate the hearing dates since proceeding without plaintiff’s counsel and instructing solicitor could prejudice the plaintiff and defendants can be compensated for costs thrown away.

Court Disposition

Hearing dates vacated; order for costs thrown away made against plaintiff.

Orders

  • ['The hearing dates of 19 to 22 July 2011 be vacated.' 'The plaintiff pay the costs thrown away by the vacation of the hearing date as agreed or as assessed, including the costs of today.']