NWC Finance Pty Ltd v Borsellino and Anor [2015] NSWSC 211

Supreme Court New South Wales

Medium Neutral Citation: NWC Finance Pty Ltd v Borsellino and Anor [2015] NSWSC 211 Hearing dates: 9 March 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1.On the application of the First Defendant, the hearing is adjourned to 11.03.15 at 10am before Beech-Jones J for directions and hearing as to who out of the First Defendant or her solicitor should bear the costs of the adjournment.

2.Direct the First Defendant's solicitors to send by courier, to arrive no later than 10am on Tuesday, 10.03.15 a letter to the First Defendant notifying the following:

a) that these proceedings were listed on 9 March 2015 for hearing (three days);

b) that on the application of the First Defendant's solicitor, the hearing was adjourned;

c) that the First Defendant's solicitors advised the Court that they had not prepared the matter for hearing;

d) that the First Defendant's solicitors advised the Court that they had been advised they had a conflict of interest in acting for the First Defendant;

e) that the First Defendant is required to attend Court on 11 March 2015 at 10am before Beech-Jones J, and if she does not attend orders may be made against her in hewr absence.

3.Direct the First Defendant to serve an affidavit on the Plaintiff's solicitors on or before 3pm on 10.03.15 as to their compliance with order 2.

4.Costs reserved

5.Direct the First Defendant to serve any schedule of the costs they seek by 4pm on 10.03.15. Catchwords: Adjournment – no question of principle. Category: Procedural and other rulings Parties: NWC Finance Pty Ltd - Plaintiff Elisa Borsellino - First Defendant/First Cross Claimant Representation: Counsel: A.G. Martin - Plaintiff H. Singh (Sol) - Defendants