Reliance Financial Services Pty Ltd v Sobbi [2007] NSWSC 424

New South Wales Supreme Court

CITATION : Reliance Financial Services Pty Ltd v Sobbi [2007] NSWSC 424

HEARING DATE(S) : 30 April 2007

JUDGMENT DATE : 30 April 2007

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 30 April 2007

DECISION : 1. Vacate the hearing set down before me for four days commencing from today. 2. Order the defendants serve any affidavits upon which they seek to rely at trial by no later than 4pm on Monday 21 May 2007, failing which they shall not be entitled to adduce any evidence at trial unless by order of the court. 3. Order that the plaintiff serve any evidence in reply by 4pm on Monday 4 June 2007. 4. Order the defendants are to pay the plaintiff's costs thrown away by the adjournment forthwith upon assessment or agreement, failing which they shall not be entitled to adduce any evidence at trial unless by order of the court. 5. Stand the matter over before the registrar on Tuesday 5 June 2007 at 9am. The matter is then to be listed for hearing during this year if that is possible. 6. Copies of the affidavits upon which the plaintiff will seek to rely at hearing are to be forwarded to the defendants' solicitors by 5pm on 4 May 2007. 7. Grant liberty to either party to apply for further orders by giving the other three days notice.

CATCHWORDS : Civil procedure - application to vacate - lack of preparation for hearing - illness - dictates of justice

LEGISLATION CITED : Civil Procedure Act 2005 s56, s57, s58

PARTIES : Reliance Financial Services Pty Limited v Ghandi Faizi Sobbi

FILE NUMBER(S) : SC 012224/04

COUNSEL : Mr D Allen - Plaintiff Mr C Bova - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION