Portelli v Goh [2002] NSWSC 132

Portelli v Goh [2002] NSWSC 132

The matter was adjourned because the appellant/plaintiff was unprepared to proceed and had not perfected foreshadowed amendments. To ensure the matter could be heard on the next occasion, the Court directed filing and service of any amendment and supporting material by 4 March 2002, and ordered that the costs of the day be the defendant's costs in the proceedings because the amendments should have been prepared by the hearing date.

Jurisdiction
Australia
Judgment Date
18 February 2002
Procedural Posture
Interlocutory Order / Adjournment to Permit Amendment
Outcome
Adjournment granted.
Legal Topics
['adjournment' 'amendment of Summons' 'filing and Service' 'costs']
['civil Procedure'] ['adjournment' 'amendment of Summons' 'filing and Service' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Order / Adjournment to Permit Amendment

Legal Issues

  1. 1 ['Whether the matter should be adjourned because the appellant/plaintiff was unprepared to proceed and had foreshadowed but not perfected amendments to the amended summons.' 'What directions should be made for filing and service of any amendment, affidavit or other material.' "Whether the defendant should have the costs of the day's proceedings."]

Ratio Decidendi

The matter was adjourned because the appellant/plaintiff was unprepared to proceed and had not perfected foreshadowed amendments. To ensure the matter could be heard on the next occasion, the Court directed filing and service of any amendment and supporting material by 4 March 2002, and ordered that the costs of the day be the defendant's costs in the proceedings because the amendments should have been prepared by the hearing date.

Court Disposition

Adjournment granted.

Orders

  • ['The matter is adjourned to Monday 4 March 2002.' 'Any amendment to the amended summons is to be filed and served on or before 4 March 2002, together with any affidavit or other material upon which the plaintiff, Peter Mario Portelli, seeks to rely.' 'The matter is adjourned for hearing on Monday 11 March 2002.'...