Bhundia v Sommers & Neylon (No.1) [2020] NSWSC 1639

Supreme Court New South Wales

Medium Neutral Citation: Bhundia v Sommers & Neylon (No.1) [2020] NSWSC 1639 Hearing dates: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Common Law Before: Bellew J Decision: The application for an adjournment is refused. Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – History of non-compliance with Court's orders – Application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Sali v SPC Ltd (1993) 116 ALR 625; [1993] HCA 47 Category: Procedural and other rulings Parties: Sundip Bhundia – Plaintiff Timothy John Sommers – First Defendant Sean Patrick Neylon – Second Defendant Representation: Counsel: D Robertson – Plaintiff B Sewell (Solicitor) – First and Second Defendants

Solicitors: Colin Biggers & Paisley Pty Limited – Plaintiff Sewell & Kettle Lawyers – First and Second Defendants File Number(s): 2019/227905 Publication restriction: Nil

Judgment – ex tempore (revised)

INTRODUCTION 1. Before the Court for hearing today are two Notices of Motion. The first has been filed by the first defendant and seeks an order for security for costs. The second has been filed by the second defendant and seeks to set aside a default judgment which has previously been entered against him. 2. The orders sought in both of those motions are opposed by the plaintiff. 3. At the commencement of today's hearing, an application was made by the solicitor for each of the first and second defendants for an adjournment of the hearing of the motions. That application was opposed by counsel for the plaintiff. For the purposes of determining those applications, it is necessary to set out the procedural history of this matter, particularly as it applies to the conduct of each of the first and second defendants.