Cranney v National Australia Bank [2011] FCA 1336

Cranney v National Australia Bank [2011] FCA 1336

The adjournment was granted because there were extenuating circumstances affecting the appellants' ability to prosecute the appeals, and it is in the interests of justice for the appellants to be legally represented. Prejudice to the respondent could be mitigated by a fixed costs order and provision for costs order against the appellants’ previous solicitor.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Appeal / Interlocutory Application for Adjournment of Hearing
Outcome
Adjournment granted on terms, costs order made against appellants, and leave given for possible third party costs order application against former solicitor.
Legal Topics
['adjournment of Hearing' 'interlocutory Applications' 'costs Orders' 'legal Representation' 'civil Procedure']
['practice and Procedure'] ['adjournment of Hearing' 'interlocutory Applications' 'costs Orders' 'legal Representation' 'civil Procedure']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Adjournment of Hearing

Legal Issues

  1. 1 ['Whether an adjournment of an appeal hearing should be granted due to last-minute solicitor change and lack of preparation' 'Whether the resulting costs and prejudice to parties justify the adjournment']

Ratio Decidendi

The adjournment was granted because there were extenuating circumstances affecting the appellants' ability to prosecute the appeals, and it is in the interests of justice for the appellants to be legally represented. Prejudice to the respondent could be mitigated by a fixed costs order and provision for costs order against the appellants’ previous solicitor.

Court Disposition

Adjournment granted on terms, costs order made against appellants, and leave given for possible third party costs order application against former solicitor.

Orders

  • ['Adjournment of hearing to 17 February 2012 at 10.15 am.' 'Appeals to be heard concurrently.' 'Outlines of submissions and Part C appeal book to be filed and served by set dates as detailed in orders.' 'Costs of $5,900 thrown away by reason of the adjournment to be paid by the appellants to the first respondent...