The Oak Hotel Cessnock Pty Limited v Deputy Commissioner of Taxation [2023] NSWSC 522

Supreme Court New South Wales

Medium Neutral Citation: The Oak Hotel Cessnock Pty Limited v Deputy Commissioner of Taxation [2023] NSWSC 522 Hearing dates: 15 and 16 May 2023 Date of orders: 16 May 2023 Decision date: 17 May 2023 Jurisdiction: Common Law Before: Griffiths AJ Decision: 1. The proceedings be adjourned. 2. The parties are directed to approach the Registrar three weeks from today with a view to obtaining hearing dates for two days so that the proceedings may be completed. 3. Plaintiffs pay the defendants' costs thrown away by the adjournment. Catchwords: CIVIL PROCEDURE – notice of motion – adjournment application – where third plaintiff is litigant-in-person representing all plaintiffs – medical certificate provided – adjournment sought relying on third plaintiff's poor health and to seek legal representation for plaintiffs Cases Cited: The Oak Hotel Cessnock Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] NSWSC 1589 Category: Procedural rulings Parties: The Oak Hotel Cessnock Pty Ltd (ACN 150 948 619) (First Plaintiff) Hunter Valley Dental Surgery Pty Ltd (Second Plaintiff) Dr John Harvey (Third Plaintiff)

The Deputy Commissioner of Taxation (First Defendant) The Commonwealth of Australia (Second Defendant) Representation: Counsel: J Harvey (First Plaintiff) J Geale (Second and Third Plaintiff) E Ball (Defendants)

Solicitors: MinterEllison (Second and Third Plaintiff) Ashurst (Defendants) File Number(s): 2019/274489