EXCELL GRAY BRUNI PTY LIMITED v ANTHONY GROUNDS; ANTHONY GROUNDS v EXCELL GRAY BRUNI PTY LIMITED [2025] NSWDC 43

District Court New South Wales

Medium Neutral Citation: EXCELL GRAY BRUNI PTY LIMITED v ANTHONY GROUNDS; ANTHONY GROUNDS v EXCELL GRAY BRUNI PTY LIMITED [2025] NSWDC 43 Hearing dates: 18 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In matter 2023/00269787: In relation to the Notice of Motion seeking a vacation of the hearing: (1) The Notice of Motion is dismissed. (2) Mr Anthony Grounds is to pay the plaintiff's costs of the Notice of Motion as agreed or assessed. (3) The hearing commencing 18 February 2025 is confirmed. In matter 2023/00440766: In relation to the Notice of Motion seeking a vacation of the hearing: (1) The Notice of Motion is dismissed. (2) Mr Anthony Grounds is to pay the defendant's costs of the Notice of Motion as agreed or assessed. (3) The hearing commencing 18 February 2025 is confirmed. Catchwords: PRACTICE AND PROCEDURE – adjournment of hearing date – adequacy of medical certificate Cases Cited: Bobolas v Waverley Council [2016] NSWCA 139; (2016) 92 NSWLR 406 Dacich v DPP (No 1) [2020] NSWCA 297 Shaw v Niru Construction Pty Ltd [2021] NSWDC 589 Category: Procedural rulings Parties: 2023/00269787 Excell Gray Bruni Pty Limited (Plaintiff) Anthony Grounds (First Defendant) Matthew Sheehan (Second Defendant) R and M Rail Services Pty Ltd ACN 628 834 015 (Third Defendant)