Willis & Bowring Mortgage Investments Limited v Belramoul & Ors [2009] NSWSC 125

New South Wales Supreme Court

CITATION : Willis & Bowring Mortgage Investments Limited v Belramoul & Ors [2009] NSWSC 125

HEARING DATE(S) : 6 March 2009 JUDGMENT OF : Schmidt AJ

EX TEMPORE JUDGMENT DATE : 6 March 2009

CATCHWORDS : PROCEDURE - adjournment application by first defendant - solicitor ceasing to act - adjournment sought for new legal representation to be arranged - justice requires short adjournment being granted on basis of order of costs thrown away - costs payable forthwith

LEGISLATION CITED : Civil Procedure Act 2005

CASES CITED : Dawson v Deputy Commissioner of Taxation (1984) 71 FLR 364 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37

Plaintiff - Willis & Bowring Mortgage Investments Limited PARTIES : First Defendant - Nabil Belramoul Second Defendant - Suzanne Wendy Belramoul Third Defendant - Daryl Kenneth Badman

FILE NUMBER(S) : SC 10266/06

Plaintiff - Mr C Harris, SC COUNSEL : First Defendant - Mr Belramoul in person Second Defendant - no appearance Third Defendant - no appearance

SOLICITORS : Plaintiff - Willis & Bowring

- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SCHMIDT AJ

Friday, 6 March 2009

10266/06 WILLIS & BOWRING MORTGAGE INVESTMENTS LIMITED v NABIL BELRAMOUL AND ORS

EXTEMPORE JUDGMENT 1 HER HONOUR: These proceedings concern a claim that the defendants owe the plaintiff the sum of $1,990.000, plus interest. The hearing is fixed to commence on Monday next. It is listed for four days. The hearing was fixed by the Registrar in September last. Both the plaintiff's claim, filed in January 2006 and a motion filed by the first defendant in August 2007, are listed for hearing. All the evidence, which is in affidavit form, is on.