NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Estate of Giovanna Toppi [2024] NSWSC 1115 Hearing dates: 28 August 2024 Date of orders: 30 August 2024 Decision date: 29 August 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Leave to rely on further evidence granted. (2) Hearing dates vacated. Catchwords: PRACTICE AND PROCEDURE – hearing – adjournment – applicable principles – whether plaintiff should be given leave to rely on further evidence – where grant of leave would necessitate adjournment of hearing date – where refusal to grant leave would mean the plaintiff's claim fails – whether in the interests of justice – plaintiff's application for leave to rely on further evidence successful – hearing adjourned – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 and 58 Succession Act 2006 (NSW) s 59 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Baker v Baker [2024] NSWSC 559 Rodny v Weisbord [2024] NSWCA 183 Tamaya Resources Ltd (ACN 071 349 249) (in liq) v Deloitte Touche Tomatsu [2016] FCAFC 2; (2016) 332 ALR 199 Category: Procedural rulings Parties: Paola Toppi (Plaintiff) Walter Toppi (Defendant) Representation: Counsel: M Pesman SC with N Allan (Plaintiff) M Condon SC with R Bianchi (Defendant)
Solicitors: Beazley Lawyers (Plaintiff) Levitt Robinson Solicitors (Defendant) File Number(s): 2021/00323980 Publication restriction: Nil
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