Willis & Bowring Mortgage Investments Limited v Belramoul & Ors [2009] NSWSC 125

Willis & Bowring Mortgage Investments Limited v Belramoul & Ors [2009] NSWSC 125

Although the first defendant had long known of the hearing date and the adjournment application was made shortly before the hearing, the loss of legal representation and need to arrange representation meant that the balance of justice tilted slightly in favour of a short adjournment. The prejudice to the plaintiff was addressed by ordering the defendants to pay the plaintiff's costs thrown away and costs of the motion forthwith, but the circumstances did not warrant indemnity costs.

Jurisdiction
Australia
Judgment Date
06 March 2009
Procedural Posture
Civil Proceedings; Adjournment Motion in Debt Claim Proceedings / Ex Tempore Judgment on the First Defendant's Motion to Adjourn the Hearing Fixed to Commence on 9 March 2009
Outcome
Adjournment granted for a short period; costs thrown away ordered payable forthwith; indemnity costs not ordered.
Legal Topics
['adjournment Application' 'change of Legal Representation' 'costs Thrown Away' 'just, Quick and Cheap Resolution of Proceedings']
['civil Procedure' 'costs'] ['adjournment Application' 'change of Legal Representation' 'costs Thrown Away' 'just, Quick and Cheap Resolution of Proceedings']

Case Brief

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Procedural Posture

Civil Proceedings; Adjournment Motion in Debt Claim Proceedings / Ex Tempore Judgment on the First Defendant's Motion to Adjourn the Hearing Fixed to Commence on 9 March 2009

Legal Issues

  1. 1 ["Whether the hearing should be adjourned because the first defendant's solicitor had ceased acting and he sought time to arrange legal representation." 'Whether any adjournment should be conditional on payment of an alleged undisputed sum to the plaintiff.' "Whether the plaintiff's costs thrown away should be payable forthwith and on an indemnity basis."]

Ratio Decidendi

Although the first defendant had long known of the hearing date and the adjournment application was made shortly before the hearing, the loss of legal representation and need to arrange representation meant that the balance of justice tilted slightly in favour of a short adjournment. The prejudice to the plaintiff was addressed by ordering the defendants to pay the plaintiff's costs thrown away and costs of the motion forthwith, but the circumstances did not warrant indemnity costs.

Court Disposition

Adjournment granted for a short period; costs thrown away ordered payable forthwith; indemnity costs not ordered.

Orders

  • ['The adjournment of the hearing fixed to commence on 9 March to 29 April 2009.' "That the defendants pay the plaintiff's costs thrown away of the adjournment and the hearing of this motion." 'Leave be granted to the plaintiff to have these costs assessed and paid forthwith.']