D B Mahaffy and Associates Pty Ltd v Jeffrey Mahaffy [2011] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: D B Mahaffy and Associates Pty Ltd v Jeffrey Mahaffy [2011] NSWSC 1643 Hearing dates: 09/09/2011 Decision date: 09 September 2011 Jurisdiction: Common Law Before: Garling J Decision: (a) Adjourn the amended notice of motion of Mr David Mahaffy filed 2 August 2011 to Friday 21 October 2011 at 10 am before me. (b) Mr Jeffrey Mahaffy to file and serve all submissions upon which he intends to rely in opposition to the motion, together with an amended statement of contempt charges which he wishes to seek leave to file, on or before 4pm Friday 7 October 2011. (c) Mr David Mahaffy to file and serve any submissions in reply, on or before 4 pm Monday 17 October 2011. (d) Reserve question of costs. Catchwords: PRACTICE AND PROCEDURE - Lengthy litigation between siblings - Notice of motion seeking contempt of court charges - Motion in response seeking summary dismissal of contempt charges - Opposed application to adjourn notice of motions - Party applying for adjournment did not comply with timetable for submissions and amendment of statement of charge - Adequate explanation for default in compliance of directions - No specific prejudice to other party - Motions can be heard and resolved relatively quickly - Preparation and appearance by other party noted but not determinative - Adjournment granted

COSTS - Adjournment of hearing of notices of motion - Reserve final order for costs until hearing of the motion - Permits resolution of all costs to a single motion at the same time - Likelihood of single lump sum costs order Category: Interlocutory applications Parties: D B Mahaffy and Associates (P1) David Bruce Mahaffy (P2) Jeffrey Robert Mahaffy (D) Representation: G F Jauncey (P1-2) Self (D) Self (P1-2) Self (D) File Number(s): SC 2010/119143 Publication restriction: Nil