Saad v Chubb Security Australia Pty Ltd t/as Chubb Security

In the case of Saad v Chubb Security Australia Pty Ltd, the plaintiff sought an adjournment of the hearing date, arguing that new solicitors had recently been appointed and had not yet received the file from the former solicitors. The case was heard in the Federal Circuit and Family Court of Australia. The plaintiff contended that the former solicitors had failed to comply with procedural directions, which necessitated the adjournment to adequately prepare for the trial.

The legal issues before the court included whether the application to vacate the hearing date should be granted due to the late appointment of new solicitors and the delay in receiving the file, and if the costs associated with the adjournment should be borne by the plaintiff on an indemnity basis. The court also considered whether the costs should be payable immediately or could be deferred.

The court found that the fault lay with the plaintiff's former solicitors for not complying with the procedural directions, which led to the delay in the file being delivered to the new solicitors. Consequently, the application to vacate the hearing date was granted, but the costs were to be paid by the plaintiff on an indemnity basis. The court ruled that these costs should be payable forthwith, placing the financial burden on the plaintiff due to the fault of the former solicitors.

The final orders of the court included an adjournment of the hearing date, an order for the plaintiff to pay the costs of the application on an indemnity basis, and a directive that these costs were to be paid immediately.