Connors v Nominal Defendant (No 1) [2020] NSWDC 435

Connors v Nominal Defendant (No 1) [2020] NSWDC 435

Due to prolonged delays, the late timing of the defendant's application, and the importance of finality, it is not appropriate to adjourn the proceedings. The application for adjournment is refused, and the listing stands.

Jurisdiction
Australia
Judgment Date
04 June 2020
Procedural Posture
Civil / Interlocutory Application (application for Adjournment)
Outcome
Application refused.
Legal Topics
['adjournment' 'mental Harm (nervous Shock)' 'medical Assessment' 'contributory Negligence']
['civil Procedure' 'personal Injury' 'motor Accident Law'] ['adjournment' 'mental Harm (nervous Shock)' 'medical Assessment' 'contributory Negligence']

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Procedural Posture

Civil / Interlocutory Application (application for Adjournment)

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned to allow for further medical assessment of impairment under the Motor Accidents Compensation Act 1999' 'Whether delay by the defendant justifies refusal of adjournment']

Ratio Decidendi

Due to prolonged delays, the late timing of the defendant's application, and the importance of finality, it is not appropriate to adjourn the proceedings. The application for adjournment is refused, and the listing stands.

Court Disposition

Application refused.

Orders

  • ['The application for adjournment is refused.' 'The listing of the matter at Lismore on Tuesday 9 June 2020 is confirmed.' "The defendant will pay the plaintiff's costs of this application."]