Saad v Chubb Security Australia Pty Ltd t/as Chubb Security [2015] NSWSC 715

Supreme Court New South Wales

Medium Neutral Citation: Saad v Chubb Security Australia Pty Ltd t/as Chubb Security [2015] NSWSC 715 Hearing dates: 4 & 5 June 2015 Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The hearing to commence 15 June 2015 is vacated. 2. The Plaintiff is to pay the Defendants' costs thrown away by the vacation of the trial, including the costs of this application, on an indemnity basis as agreed or assessed. Catchwords: PROCEDURE – adjournments – application to vacate hearing date – new solicitors acting for Plaintiff – file only recently delivered from former solicitors – failure of former solicitors to comply with procedural directions to prepare matter for trial. COSTS – late application to vacate trial – fault of Plaintiff's former solicitors – costs payable by Plaintiff on indemnity basis – whether costs should be payable forthwith. Category: Procedural and other rulings Parties: Victoria Swindells (nee Saad) (Plaintiff) Chubb Security Australia Pty Ltd t/as Chubb Security (First Defendant) Commonwealth Bank of Australia Ltd (Second Defendant) Representation: Counsel: S O'Halloran (Plaintiff) A Dawson (First Defendant) I Todd (Second Defendant)

Solicitors: Carroll & O'Dea (Plaintiff) HWL Ebsworth (First Defendant) Turks Legal (Second Defendant) File Number(s): 2010/274418