Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2019] NSWSC 1523

Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2019] NSWSC 1523

The defendant's application for vacation of the hearing date was necessitated by the defendant's failure to adequately inquire as to the expert witness's availability, which caused unnecessary work for the plaintiff. In the exercise of discretion, the defendant should pay the plaintiff's costs of the notice of motion.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Civil / Interlocutory Application Determination of Notice of Motion Regarding Vacation of Hearing Date
Outcome
defendant's notice of motion dismissed; costs order against defendant
Legal Topics
['notice of Motion' 'vacation of Hearing Date' 'interlocutory Costs' 'case Management']
['costs'] ['notice of Motion' 'vacation of Hearing Date' 'interlocutory Costs' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory Application Determination of Notice of Motion Regarding Vacation of Hearing Date

Legal Issues

  1. 1 ["Whether the defendant's notice of motion seeking vacation of the hearing date should be granted" "Whether the defendant should pay the plaintiff's costs of the notice of motion"]

Ratio Decidendi

The defendant's application for vacation of the hearing date was necessitated by the defendant's failure to adequately inquire as to the expert witness's availability, which caused unnecessary work for the plaintiff. In the exercise of discretion, the defendant should pay the plaintiff's costs of the notice of motion.

Court Disposition

defendant's notice of motion dismissed; costs order against defendant

Orders

  • ["The defendant's notice of motion seeking vacation of the hearing date is dismissed." "The defendant is to pay the plaintiff's costs of the notice of motion."]