Milson and Myron

Case

[2019] FamCA 69

11 February 2019


Details
AGLC Case Decision Date
Milson and Myron [2019] FamCA 69 [2019] FamCA 69 11 February 2019

CaseChat Overview and Summary

In the matter of Milson and Myron, Mr Myron applied to the Supreme Court of New South Wales for an adjournment of a trial scheduled to commence on 11 February 2019. The application was filed on 8 February 2019, and an informal request for adjournment was also made via email on 10 February 2019.

The central legal issue before Carew J was whether the trial should be adjourned as requested by Mr Myron. This required the Court to consider the grounds for the adjournment and the impact of granting or refusing such a request on the administration of justice and the parties involved.

Carew J dismissed both the formal application and the informal request for adjournment. The decision implies that the Court found the reasons provided by Mr Myron insufficient to warrant delaying the trial, prioritising the efficient conduct of court business and the interests of the other party, Milson. The Court's refusal indicates a high threshold for granting adjournments, particularly when made close to the trial date.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

0

Mertens & Mertens [2016] FamCAFC 136
Kovacs and Graham (No 2) [2017] FamCAFC 249
Taylor v Taylor [1979] HCA 38