YU (aka IRENE REN) v YU [1996] NSWCA 576
The Court granted the adjournment to permit clarification of disputed trial events regarding witness recall and reserved the costs issue until it is clear what had occurred and which side is responsible.
- Parties
- Plaintiff: YU (aka IRENE REN); Defendant: YU
- Jurisdiction
- Australia
- Judgment Date
- 27 August 1996
- Procedural Posture
- Appeal / Application for Adjournment
- Outcome
- Appeal adjourned. Costs of the adjournment reserved to be determined by the Court hearing the matter.
Case Brief
Summary, issues, holding and outcome
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Parties
YU (aka IRENE REN)
Plaintiff
YU
Defendant
Procedural Posture
Appeal / Application for Adjournment
Legal Issues
- 1 Whether an adjournment should be granted to address disputed evidence from the trial concerning the state of the traffic signal at the time of the accident
- 2 How costs of the adjournment should be dealt with
Ratio Decidendi
The Court granted the adjournment to permit clarification of disputed trial events regarding witness recall and reserved the costs issue until it is clear what had occurred and which side is responsible.
Court Disposition
Appeal adjourned. Costs of the adjournment reserved to be determined by the Court hearing the matter.
Orders
- Hearing of the appeal adjourned to a date to be fixed by the Registrar.
- Costs of the hearing today which have been or may have been wasted are to be determined by the Court that then hears the matter.
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