Lazarus v Northern Sydney Local Health District [2021] NSWSC 385

Supreme Court New South Wales

Medium Neutral Citation: Lazarus v Northern Sydney Local Health District [2021] NSWSC 385 Hearing dates: 15 April 2021 Date of orders: 15 April 2021 Decision date: 15 April 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: THE COURT ORDERS THAT: (1) The hearing date of the defendant's notice of motion filed 26 February 2021, listed on 16 April 2021, is vacated and relisted for hearing on 27 May 2021, with a time estimate of 1 day. No further adjournments should be granted save for exceptional circumstances. (2) The plaintiffs are to file and serve any amended summons, further affidavits, submissions and notices pursuant to r 1.23 of the Uniform Civil Procedure Rules 2005 (NSW) by 13 May 2021. (3) The defendants are to file and serve any affidavits and further submissions by 20 May 2021. (4) As there is uncertainty regarding the representation of the plaintiffs by their current solicitor, or if the plaintiffs' current solicitor is unable to represent them at the hearing on 27 May 2021, the plaintiffs are required to attend in person or instruct a legal practitioner who can appear. (5) The plaintiffs are to pay the defendants' costs thrown away by the adjournment. Catchwords: CIVIL PROCEDURE – Application for adjournment – No appearance by plaintiffs – Application granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 66 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hamod v New South Wales [2011] NSWCA 375 Category: Procedural rulings Parties: Sandra Lazarus (First Plaintiff) Michelle Lazarus (Second Plaintiff) Jessica Lazarus (Third Plaintiff) Northern Sydney Local Health District (First Defendant) South Eastern Sydney Local Health District (Second Defendant) Representation: Counsel: No Appearance (Plaintiffs) J Davis (Defendants)