Saad v State of NSW (No 3) [2014] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: Saad v State of NSW (No 3) [2014] NSWSC 214 Hearing dates: 04/02/2014 Decision date: 05 February 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Proceedings listed for 10 February 2014 are adjourned. (2) The hearing dates for a period of seven weeks commencing 10 February 2014 are vacated. (3) Proceedings listed for further directions at 9.30am on 12 March 2014 (4) Order the plaintiffs to pay the defendant's costs of and occasioned by the adjournment including all costs thrown away by the adjournment, and also of the motion to adjourn the proceedings. (5) Reserve liberty to any of the parties to apply for any further costs order, including on a different basis, and payable by another person or party, if they be so advised, within 14 days. Catchwords: CIVIL - Late adjournment - Fault not determined - Interests of justice require adjournment - no point of principle Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 NSW Bar Rules Cases Cited: Hamod v State of NSW (No.12) [2009] NSWSC 242 Saad v State of NSW [2013] NSWSC 154 Category: Interlocutory applications Parties: Fred Saad (P) (2007/265173) Ashley Saad (P) (2008/20521) State of New South Wales (D) (in both matters) Representation: Counsel: J Merkel (P) I Temby QC / D Villa (D) Solicitors: Margiotta Solicitors (P) NSW Crown Solicitors Office (D) File Number(s): 2007/265173, 2008/289620