Pascoe v Liprini (No 2)
[2011] NSWSC 1485
•01 December 2011
Supreme Court
New South Wales
Medium Neutral Citation: Pascoe v Liprini (No 2) [2011] NSWSC 1485 Hearing dates: 1 December 2011 Decision date: 01 December 2011 Jurisdiction: Common Law Before: Adamson J Decision: Application for adjournment declined.
Catchwords: PRACTICE AND PROCEDURE - application for adjournment Category: Interlocutory applications Parties: Scott Darren Pascoe (Plaintiff)
Dr Allan Stephen Liprini (Defendant)Representation: Counsel:
B.J. Skinner (Plaintiff)
In person (Defendant)
Solicitors:
Farrar Lawyers (Plaintiff)
In person (Defendant)
File Number(s): 2011/201820
Judgment
Ex tempore judgment on application to adjourn hearing
Before the Court is a summons by Scott Darren Pascoe seeking to have Dr Allan Stephen Liprini prohibited from instituting proceedings other than with leave of the appropriate court in accordance with the Vexatious Proceedings Act 2008. The summons was filed in June 2011, and it was first before the Court on 30 June 2011. The matter was first listed for hearing on 5 August 2011 before Garling J. On Dr Liprini's application, the hearing of these proceedings was adjourned to a date to be fixed.
On 15 August 2011, Registrar Bradford listed this matter for hearing today with an estimated time of hearing for one day and made consequential directions.
Dr Liprini has sought leave to file in Court an affidavit which he has affirmed in Court today and he has addressed me on his application for adjournment. There are matters contained in this affidavit which are germane to his resistance of the plaintiff's application for the order I have set out, but I do not consider that they raise any substantial matter which would warrant the adjournment of the hearing of the proceedings.
I note that Dr Liprini raises his lack of legal training, the difficulty he has had in obtaining legal advice, and lists the solicitors he has approached with a view to obtaining legal advice to assist him in these proceedings. I accept what Dr Liprini says that he has been unable to persuade solicitors to help him, however there is no immediate prospect that he will be able to obtain solicitors to help him and, in any event, the orderly administration of justice requires that matters not be adjourned without good cause.
Accordingly, I decline Dr Liprini's application for adjournment.
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Decision last updated: 05 December 2011
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