Saad v Chubb Security Australia Pty Ltd t/as Chubb Security [2015] NSWSC 715

Saad v Chubb Security Australia Pty Ltd t/as Chubb Security [2015] NSWSC 715

The hearing was vacated because the Plaintiff's new solicitor had only recently obtained the substantial file, prior procedural directions for the Plaintiff's evidence had not been complied with, and the matter could not be made ready for hearing by 15 June 2015. Although the Plaintiff was not personally at fault, the egregious failures of those acting for her and the substantial indulgence granted justified an order that she pay the Defendants' costs thrown away, including the costs of the application, on an indemnity basis. Those costs were not ordered payable forthwith because justice required allowing for a possible later contest as to whether the Plaintiff or her former solicitors...

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Common Law Proceedings / Application to Vacate Hearing Date
Outcome
Application to vacate the hearing granted; indemnity costs ordered against the Plaintiff, not payable forthwith.
Legal Topics
['adjournments' 'application to Vacate Hearing Date' 'indemnity Costs' 'costs Thrown Away' 'failure to Comply With Procedural Directions']
['procedure' 'costs'] ['adjournments' 'application to Vacate Hearing Date' 'indemnity Costs' 'costs Thrown Away' 'failure to Comply With Procedural Directions']

Case Brief

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Procedural Posture

Common Law Proceedings / Application to Vacate Hearing Date

Legal Issues

  1. 1 ["Whether the hearing fixed to commence on 15 June 2015 should be vacated because the Plaintiff's new solicitors had only recently received the file and the matter was not ready for trial." "Whether the Plaintiff should pay the Defendants' costs thrown away by the vacation of the trial on an indemnity basis." 'Whether those costs should be payable forthwith.']

Ratio Decidendi

The hearing was vacated because the Plaintiff's new solicitor had only recently obtained the substantial file, prior procedural directions for the Plaintiff's evidence had not been complied with, and the matter could not be made ready for hearing by 15 June 2015. Although the Plaintiff was not personally at fault, the egregious failures of those acting for her and the substantial indulgence granted justified an order that she pay the Defendants' costs thrown away, including the costs of the application, on an indemnity basis. Those costs were not ordered payable forthwith because justice required allowing for a possible later contest as to whether the Plaintiff or her former solicitors...

Court Disposition

Application to vacate the hearing granted; indemnity costs ordered against the Plaintiff, not payable forthwith.

Orders

  • ['The hearing to commence 15 June 2015 is vacated.' "The Plaintiff is to pay the Defendants' costs thrown away by the vacation of the trial, including the costs of this application, on an indemnity basis as agreed or assessed."]