Westpac Banking Corporation Ltd v Kay (No 2) [2020] NSWSC 175

Westpac Banking Corporation Ltd v Kay (No 2) [2020] NSWSC 175

The adjournment was refused because there was no satisfactory evidence from Mr Clinton to justify an adjournment to obtain legal aid or pro bono assistance, the solicitor's hearsay evidence about his financial position was unsatisfactory where Mr Clinton had sworn an affidavit but said nothing on those matters, there was no explanation for the failure to file proposed pleadings in accordance with directions, and the adjournment would considerably delay related proceedings.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Civil Procedure; Common Law / Interlocutory Notice of Motion for Adjournment
Outcome
The second defendant's notice of motion filed 2 March 2020 was dismissed with costs.
Legal Topics
['adjournment' 'legal Aid' 'pro Bono Assistance' 'case Management Directions' 'hearsay Evidence on Interlocutory Applications' 'default of Court Orders']
['civil Procedure'] ['adjournment' 'legal Aid' 'pro Bono Assistance' 'case Management Directions' 'hearsay Evidence on Interlocutory Applications' 'default of Court Orders']

Case Brief

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Procedural Posture

Civil Procedure; Common Law / Interlocutory Notice of Motion for Adjournment

Legal Issues

  1. 1 ['Whether the second defendant should be granted a 60 day adjournment to secure legal aid and pro bono counsel.' 'Whether the evidence relied on by the second defendant was sufficient to justify an adjournment.' 'Whether repeated failures to comply with case management directions weighed against granting the adjournment.']

Ratio Decidendi

The adjournment was refused because there was no satisfactory evidence from Mr Clinton to justify an adjournment to obtain legal aid or pro bono assistance, the solicitor's hearsay evidence about his financial position was unsatisfactory where Mr Clinton had sworn an affidavit but said nothing on those matters, there was no explanation for the failure to file proposed pleadings in accordance with directions, and the adjournment would considerably delay related proceedings.

Court Disposition

The second defendant's notice of motion filed 2 March 2020 was dismissed with costs.

Orders

  • ["Dismiss the second defendant's notice of motion filed 2 March 2020." "The second defendant is to pay the plaintiff's costs of the motion."]