Expedition application

Younes v Parvin [2017] NSWSC 1786 saw an expedition application by the plaintiff, on the basis of the health of his carer. At [8] – [9] the court noted:

In June 2017, the plaintiff’s tutor was assessed by Dr Gary Larder, an expert psychiatrist. He concluded that the caring role which Mrs Dib was undertaking was having significant psychiatric impacts upon her. He said that her capacity to care for the plaintiff was becoming increasingly questionable “from a medical ethical perspective“. He said that she needed urgent respite and needed rest and sleep. He also thought that she would need some psychotropic medication for a period of at least six months. He recommended that she have some ongoing treatment.

He thought the prognosis for Mrs Dib’s psychiatric condition was poor and that she would need much emotional and psychological support to hand over the care of her husband to professionals. He had grave concerns in June that the tutor would collapse from the development of a stress-related illness or a severe deterioration in her psychiatric status and thought that there was an urgent need for a range of treatment being provided to her at home.

The court’s finding appears at [13] – [15]:

An application for expedition, in this case opposed by the defendant, who provides no evidence contrary to that of the plaintiff, is a matter that requires careful consideration. Any case which is expedited and is given a hearing date displaces the ability of other cases to receive a hearing date and may also involve displacing a case from a date which it already has.

Not only do the interests of the plaintiff and his tutor have to be carefully attended to, but so do the interests of other litigants in the Court. Ultimately, the Court has to determine what the interests of justice in any particular case require.

In my view, this case merits some expedition. It is not immediately urgent in the sense that it must be heard this week or next, but it certainly should be heard at the earliest available date. Orders should be made to ensure that it proceeds as promptly as possible and that there is no delay in parties putting on evidence.

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