Day v Day [2000] NSWSC 278

Day v Day [2000] NSWSC 278

Where a matter listed for hearing is effectively settled or close to settlement, practitioners must continue preparation and notify the court early enough to avoid wasting court time; failure to do so may attract compensatory costs orders, although no s 76C order was made at this stage because the solicitor considered was not on the record and appeared to be acting for a non-party infant.

Jurisdiction
Australia
Judgment Date
04 April 2000
Procedural Posture
Equity Division Probate List Proceeding / Judgment on Application for Adjournment
Outcome
Final consideration reserved until the matter returned before Young J on Friday, 7 April 2000.
Legal Topics
['trial Preparation' 'settlements Shortly Before Hearing' 'duty to Notify the Court' 'wasted Court Time' 'costs Against Solicitors and Counsel']
['procedure' 'costs' 'probate'] ['trial Preparation' 'settlements Shortly Before Hearing' 'duty to Notify the Court' 'wasted Court Time' 'costs Against Solicitors and Counsel']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Probate List Proceeding / Judgment on Application for Adjournment

Legal Issues

  1. 1 ['Whether practitioners must notify the court when a listed case is virtually settled and may not proceed.' 'Whether wasted court time caused by inadequate preparation or failure to notify may justify compensatory costs orders against solicitors or barristers.' 'Whether an order under s 76C of the Supreme Court Act should be made against a solicitor who was not on the record and appeared to act for an infant who was not a party.']

Ratio Decidendi

Where a matter listed for hearing is effectively settled or close to settlement, practitioners must continue preparation and notify the court early enough to avoid wasting court time; failure to do so may attract compensatory costs orders, although no s 76C order was made at this stage because the solicitor considered was not on the record and appeared to be acting for a non-party infant.

Court Disposition

Final consideration reserved until the matter returned before Young J on Friday, 7 April 2000.

Orders

  • ['Matter to come back before Young J on Friday, 7 April 2000.']