Liristis v Corrective Services New South Wales (No 3) [2019] NSWSC 561

Liristis v Corrective Services New South Wales (No 3) [2019] NSWSC 561

Given the history of the matter, the Plaintiff's demonstrated capacity to conduct proceedings and make submissions, the lack of satisfactory evidence for ongoing incapacity, inconsistencies and timing issues regarding the Legal Aid appeal, and the interests of justice in the expeditious determination of the matter, the Court refused the adjournment application as there was no denial of natural justice nor sufficient reason to further delay the proceedings.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Contempt Proceedings / Adjournment Application Prior to Hearing Defendant's Notice of Motion to Strike Out
Outcome
Adjournment application refused
Legal Topics
['adjournment Applications' 'contempt Proceedings' 'natural Justice' 'legal Aid']
['practice and Procedure'] ['adjournment Applications' 'contempt Proceedings' 'natural Justice' 'legal Aid']

Case Brief

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Procedural Posture

Contempt Proceedings / Adjournment Application Prior to Hearing Defendant's Notice of Motion to Strike Out

Legal Issues

  1. 1 ['Whether an adjournment of the contempt proceedings should be granted to the Plaintiff' 'Whether refusal to adjourn would deny natural justice to the Plaintiff' "Implications of refusal of Legal Aid on the Plaintiff's ability to proceed"]

Ratio Decidendi

Given the history of the matter, the Plaintiff's demonstrated capacity to conduct proceedings and make submissions, the lack of satisfactory evidence for ongoing incapacity, inconsistencies and timing issues regarding the Legal Aid appeal, and the interests of justice in the expeditious determination of the matter, the Court refused the adjournment application as there was no denial of natural justice nor sufficient reason to further delay the proceedings.

Court Disposition

Adjournment application refused

Orders

  • ['Application for adjournment refused; matter to proceed']