Leda and Kouros

In the matter of Leda and Kouros, heard before Johns J, the applicant sought orders concerning the respondent's failure to attend court. The dispute arose from the respondent's absence from a scheduled hearing, which led to the applicant incurring costs.

The primary legal issue before the court was to determine the appropriate course of action following the respondent's non-attendance. This included the need for the court to be satisfied as to the reasons for the absence and to address the costs incurred by the applicant as a result of the hearing being adjourned.

Johns J ordered that the matter be adjourned to a later date, requiring the respondent to provide a medical report detailing the reasons for their non-attendance, including symptoms, diagnosis, treatment, and prognosis, preferably annexed to an affidavit from the treating medical practitioner. The court also fixed the applicant's costs thrown away at $5,400, reserving the question of payment to the adjourned date. Leave was granted for parties to inspect documents produced by a third party, and the court determined that the matter reasonably required the attendance of counsel.