Chandler v Abruzzese; Woodbridge v Abruzzese; Felice v Abruzzese; Norris v Abruzzese; Belinfante v Abruzzese [2019] NSWSC 1440

Chandler v Abruzzese; Woodbridge v Abruzzese; Felice v Abruzzese; Norris v Abruzzese; Belinfante v Abruzzese [2019] NSWSC 1440

Although no satisfactory explanation was given for the plaintiffs' failure to comply with the earlier timetable and the plaintiffs' solicitor had failed to fulfil his duty to the Court, the justice of the case required an adjournment because the claims against the second and third defendants were not without complication and the plaintiffs should have the opportunity to articulate a case capable of being adequately litigated. The defendants, who were ready to argue the matter, should not be penalised, so the plaintiffs' solicitor was ordered to pay the defendants' costs occasioned by the adjournment on an indemnity basis forthwith.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Civil Procedure; Claims for Damages for Sexual Assault / Application Seeking an Adjournment of the Argument on Adequacy of Proposed Amended Statement of Claim
Outcome
Adjournment granted; timetable set for further affidavits and submissions; plaintiffs' solicitor ordered to pay defendants' costs of and occasioned by the adjournment on an indemnity basis forthwith.
Legal Topics
['commencement of Proceedings' 'statement of Claim' 'form and Content' 'adjournment' 'costs' 'case Management']
['civil Procedure'] ['commencement of Proceedings' 'statement of Claim' 'form and Content' 'adjournment' 'costs' 'case Management']

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Procedural Posture

Civil Procedure; Claims for Damages for Sexual Assault / Application Seeking an Adjournment of the Argument on Adequacy of Proposed Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the argument concerning the adequacy of the existing Statement of Claim and the appropriateness of any proposed amended Statement of Claim should be adjourned.' 'Whether the defendants would suffer prejudice if the argument did not proceed as listed.' "Whether the plaintiffs' solicitor should pay the costs occasioned by the adjournment on an indemnity basis forthwith."]

Ratio Decidendi

Although no satisfactory explanation was given for the plaintiffs' failure to comply with the earlier timetable and the plaintiffs' solicitor had failed to fulfil his duty to the Court, the justice of the case required an adjournment because the claims against the second and third defendants were not without complication and the plaintiffs should have the opportunity to articulate a case capable of being adequately litigated. The defendants, who were ready to argue the matter, should not be penalised, so the plaintiffs' solicitor was ordered to pay the defendants' costs occasioned by the adjournment on an indemnity basis forthwith.

Court Disposition

Adjournment granted; timetable set for further affidavits and submissions; plaintiffs' solicitor ordered to pay defendants' costs of and occasioned by the adjournment on an indemnity basis forthwith.

Orders

  • ['Order that on or before 25 October 2019 the plaintiffs are to file any further affidavits in support of the notice of motion filed 17 October 2019 together with an outline of submissions in support of the orders sought.' 'The defendants, if so advised, are to file and serve any affidavits and submissions in...