Shaw v Niru Construction Pty Ltd & Anor [2021] NSWDC 589

Shaw v Niru Construction Pty Ltd & Anor [2021] NSWDC 589

The defendants' application for adjournment was refused as the evidence did not establish that the intended witness (Mr Chaloub) was incapable of participating; case management, dictates of justice, delay considerations and materiality of the proposed evidence all weighed against granting adjournment.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Civil / Interlocutory Application (adjournment) at Final Day of Hearing
Outcome
adjournment application refused
Legal Topics
['adjournment' 'evidence' 'case Management']
['practice and Procedure' 'personal Injury'] ['adjournment' 'evidence' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (adjournment) at Final Day of Hearing

Legal Issues

  1. 1 ["Whether the defendants' application for adjournment should be granted to allow a further witness (Mr Chaloub) to be called" 'Whether the medical evidence justifies the adjournment' 'Case management and dictates of justice under Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

The defendants' application for adjournment was refused as the evidence did not establish that the intended witness (Mr Chaloub) was incapable of participating; case management, dictates of justice, delay considerations and materiality of the proposed evidence all weighed against granting adjournment.

Court Disposition

adjournment application refused

Orders

  • ['Application for adjournment by defendants refused.']