Coshott v Spencer (No 2) [2020] NSWSC 1175

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Spencer (No 2) [2020] NSWSC 1175 Hearing dates: 31 August 2020 Decision date: 31 August 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the plaintiff's application for adjournment made by notice of motion filed on 28 August 2020. (2) Stand over the plaintiff's application for leave to file a third further amended statement of claim to 9.30am on 1 September 2020. (3) Order the plaintiff to pay the defendants' costs of the application for adjournment. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Application by plaintiff for adjournment in week prior to hearing — Where case had been listed since November 2019 — Adjournment refused Legislation Cited: Civil Procedure Act 2005 (NSW), pt 6, ss 56, 58 Legal Profession Uniform Law (NSW), s 10 Category: Principal judgment Parties: Ljiljana Coshott (Plaintiff) Keith Robert Spencer (First Defendant) David Adams (Second Defendant) Representation: Counsel: J O'Sullivan (Plaintiff) R Perla (Defendants)

Solicitors: Murphy Lyons (Plaintiff) Gilchrist Connell (Defendants) File Number(s): 2018/203967

Judgment

Introduction 1. By notice of motion filed on 28 August 2020 Ljiljana Coshott (the plaintiff) sought an adjournment of the proceedings, which was opposed by Keith Spencer and David Adams (the defendants). The motion was heard on 31 August 2020. At the conclusion of the motion I dismissed the application for an adjournment. As there were some difficulties with the AVL connection, I decided to give my reasons in writing rather than ex tempore. What follows are my reasons for refusing the adjournment.