NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commonwealth Bank of Australia v Kyriacou [2024] NSWSC 1557 Hearing dates: 27 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Refuse the defendant's application to adjourn the hearing commencing 9 December 2024. (2) Order the defendant to pay the plaintiff's costs of, and incidental to, the application to adjourn the hearing. Catchwords: CIVIL PROCEDURE – Hearings – Adjournment – Application by defendant to vacate hearing date on medical grounds – Application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Contracts Review Act 1980 (NSW) Cases Cited: Bobolas v Waverley Council [2016] NSWCA 139 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Valuestream Investment Management Ltd as Trustee for the Tip Tofs Trust v Drenside Pty Ltd as Trustee for the Nosivad Investment Trust [2022] NSWSC 1099 Category: Procedural rulings Parties: Commonwealth Bank of Australia (Plaintiff) Filomina Kyriacou (Defendant) Representation: Counsel: E Steer (Plaintiff) J Simpkins (Defendant)
Solicitors: Dentons (Plaintiff) KDA Legal (Defendant) File Number(s): 2021/00298083 Publication restriction: Subject to order made by Chen J on 28 November 2024 under s 7(b) of the Court Suppression and Non-Publication Act 2010 (NSW)
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