Peters v Trustees of the Marist Brothers [2023] NSWSC 87

Supreme Court New South Wales

Medium Neutral Citation: Peters v Trustees of the Marist Brothers [2023] NSWSC 87 Hearing dates: 10 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law Before: Garling J Decision: Dismiss the application by the plaintiff for an adjournment of the hearing of the Notice of Motion for a permanent stay, presently fixed for 10 March 2023. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — where the defendant applies for a permanent stay of proceedings — where the defendant's application is listed for hearing — where the High Court of Australia granted special leave to appeal in a case concerning an application for a permanent stay of proceedings — where the High Court of Australia has not yet heard the appeal — where the plaintiff applies for an adjournment of the hearing of the defendant's application until after the High Court of Australia delivers judgment in the appeal — where the defendant did not advance any prejudice to it if the plaintiff's application was granted — whether to grant the plaintiff's application — where the plaintiff's application refused Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Cases Cited: Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 The Council of Trinity Grammar School v Anderson [2019] NSWCA 292 Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 Texts Cited: Not Applicable Category: Procedural rulings Parties: Mark Peters (P) Trustees of the Marist Brothers (D) Representation: Counsel: S McCarthy (P) C Lee (D)