The Court refused the defendant's application to adjourn the hearing on the basis that the defendant had filed separate Succession Act 2006 (NSW) proceedings and wished those issues to be determined in that forum or at mediation. Cavanagh J held that the filing of related proceedings in another list, and the desire to have overlapping issues resolved there, did not constitute a proper basis for adjourning a matter that was listed for hearing where the plaintiff was ready to proceed and the defendant raised no other substantive defence to the orders sought.
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