Michael Phontos t/as Phontos Legal v CBS Build Pty Ltd [2022] NSWDC 33

District Court New South Wales

Medium Neutral Citation: Michael Phontos t/as Phontos Legal v CBS Build Pty Ltd [2022] NSWDC 33 Hearing dates: 3 February 2022 Date of orders: 3 February 2022 Decision date: 25 February 2022 Jurisdiction: Civil Before: Wilson SC DCJ Decision: ORDERS 1. I refuse leave to the Defendants to make an application, without Notice of Motion, to vacate the hearing date on the day of the Hearing; 2. alternatively, the application to vacate Hearing refused; 3. reasons for those decisions are reserved, so as to allow the hearing to commence before another Judge forthwith; 4. the Defendants have further applied, without notice, to stay the Proceedings. I refuse that application; 5. the Defendants are to pay the costs of the Plaintiff's applications made before me today. Catchwords: CIVIL – application without Notice of Motion to vacate Hearing date on first day of Hearing refused – application without Notice of Motion to stay proceedings refused. Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law 2014 (NSW) Cases Cited: Aon Risk Services Australia Pty v Australian National University [2009] HCA 27 Re Bitar Pty Ltd [2015] NSWSC 2158 Texts Cited: None Category: Procedural rulings Parties: Michael Phontos t/as Phontos Legal (Plaintiff) CBS Build Pty Ltd (1st Defendant) Rusmir Gagic (2nd Defendant) Representation: Counsel: Mr Freeman (Plaintiff) Mr Young (Defendant) File Number(s): 2021/138732 Publication restriction: None