YOUNG v JD COATES PTY LTD [1990] NSWCA 191

YOUNG v JD COATES PTY LTD [1990] NSWCA 191

The appeal hearing was adjourned because the appellant required legal representation and there was no prejudice to the respondent, provided the appellant pays the costs for the day and the hearing will not be relisted until such costs are paid or agreed by the respondents.

Parties
Appellant: Young; Respondent: JD Coates Pty Ltd
Jurisdiction
Australia
Judgment Date
20 February 1990
Procedural Posture
Appeal / Adjournment Application
Outcome
Appeal hearing adjourned on terms.
Legal Topics
Adjournment, Court of Appeal Procedure, Costs
Practice and Procedure Adjournment Court of Appeal Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Young

Appellant

JD Coates Pty Ltd

Respondent

Procedural Posture

Appeal / Adjournment Application

Legal Issues

  1. 1 Whether the appeal hearing should be adjourned on the listed day
  2. 2 Whether appellant's lack of representation due to solicitor's withdrawal justifies adjournment
  3. 3 Appropriate terms for adjournment to protect respondents' interests

Ratio Decidendi

The appeal hearing was adjourned because the appellant required legal representation and there was no prejudice to the respondent, provided the appellant pays the costs for the day and the hearing will not be relisted until such costs are paid or agreed by the respondents.

Court Disposition

Appeal hearing adjourned on terms.

Orders

  • Adjourn the hearing of the appeal to be heard on a later date.
  • Order that the appeal be not relisted for hearing until the Registrar is notified by the respondents or their solicitors that the costs of today have been paid or that they otherwise consent to relisting.