Australian Securities and Investments Commission v Hobbs [2013] NSWCA 267

Australian Securities and Investments Commission v Hobbs [2013] NSWCA 267

The predominant issues are Mr Hobbs' present capacity to proceed with the appeal and his legal representation. In light of his medical evidence and absence of legal counsel, both motions are stood over to allow him the opportunity to address these matters.

Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Interlocutory Applications / Appeal – Motions for Dismissal of Appeal and for Extension of Time Adjourned
Outcome
Motions stood over; further directions made; costs reserved
Legal Topics
['appeal Procedure' 'extension of Time' 'medical Incapacity of Party' 'legal Representation']
['civil Procedure'] ['appeal Procedure' 'extension of Time' 'medical Incapacity of Party' 'legal Representation']

Case Brief

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Procedural Posture

Interlocutory Applications / Appeal – Motions for Dismissal of Appeal and for Extension of Time Adjourned

Legal Issues

  1. 1 ["Whether Mr Hobbs' appeal should be dismissed as incompetent due to late filing and questions about his capacity and legal representation" 'Whether Mr Hobbs should be granted an extension of time to file the appeal given his medical condition']

Ratio Decidendi

The predominant issues are Mr Hobbs' present capacity to proceed with the appeal and his legal representation. In light of his medical evidence and absence of legal counsel, both motions are stood over to allow him the opportunity to address these matters.

Court Disposition

Motions stood over; further directions made; costs reserved

Orders

  • ["Each notice of motion is stood over to the Registrar's list on Monday 2 September 2013." 'Any further evidence to be relied on by Mr Hobbs be filed and served by 28 August.' 'Any evidence in response on the part of ASIC may be filed and served before the Registrar on 2 September 2013.' 'The costs of today are...