Connam Pty Ltd as trustee for Christodoulou Family Trust v Lazarou [2019] NSWSC 1268

Supreme Court New South Wales

Medium Neutral Citation: Connam Pty Ltd as trustee for Christodoulou Family Trust v Lazarou [2019] NSWSC 1268 Hearing dates: 18 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Common Law Before: Lonergan J Decision: Application for adjournment refused. Catchwords: CIVIL PROCEDURE – adjournment – applicant on notice of motion seeking adjournment due to ill health of instructing solicitor – no evidence provided as to nature of illness and its effect on preparation of matter – whether adjournment should be granted – no utility in granting adjournment – application for adjournment refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Category: Procedural and other rulings Parties: Connam Pty Ltd as trustee for Christodoulou Family Trust (Plaintiff/Respondent) George Lazarou (First Defendant) Andreas Lazarou (Second Defendant/Applicant) Sofia Lazarou (Third Defendant/Applicant) Representation: Counsel: T Maltz (Plaintiff/Respondent) P Berg (Second and Third Defendants/Applicant)

Solicitors: DC Chambers & Associates (Plaintiff/Respondent) Gregory Hilton Artup (Second and Third Defendants/Applicant) File Number(s): 2019/51609 Publication restriction: Nil

Ex tempore Judgment 1. A statement of claim was filed on 15 February 2019 in the Possession List of this Court. The proceedings arise out of a loan agreement involving George Lazarou, Andreas Lazarou and Sophia Lazarou and a guarantee associated with that loan agreement executed in June 2017 according to the affidavit material before me. 2. Listed before me today for hearing was a notice of motion filed on 24 July 2019, signed by Mr Berg, counsel who appeared before me for the applicants, the second and third defendants. That notice of motion sought an order that default judgment entered against the second and third defendants, namely, Andreas and Sophia Lazarou, on 1 May 2019 by Schmidt J, be set aside. 3. Subsequent to the default judgment, on 26 June 2019 Walton J granted a writ of possession but stayed the writ for 28 days to 24 July 2019. 4. The notice of motion filed on 24 July 2019 was listed before the Registrar on 6 August 2019. At that time Mr Berg of counsel appeared for the second and third defendants. The matter was given a timetable for submissions and was listed for hearing today. 5. The timetable was not complied with by the applicants. I was not provided with a court book by the applicants. Written submissions were not filed and were only served this morning at 9:50am. The affidavits relied upon by Andreas Lazarou and Sophia Lazarou dated 21 August 2019 had not been filed, although the short initiating affidavit of Andreas Lazarou of 24 July 2019 was filed. 6. At the commencement of the hearing, I sought assistance from Mr Berg in outlining the bases for his clients' application. That assistance was not immediately forthcoming. I left the Bench to read the Court Book that had been prepared by the respondent's solicitors for my assistance. 7. Upon return to court an hour later, in the process of exchange between counsel and the Bench identifying some gaps in the evidence, Mr Berg then made an application to adjourn the hearing of the notice of motion.