Khattar v Khattar; Fayad v Khattar [2022] NSWCA 237

Khattar v Khattar; Fayad v Khattar [2022] NSWCA 237

Owing to the illness of Ms Fayad’s counsel (COVID-19), substantiated by solicitor’s affidavit, and the impracticality of retaining alternative counsel at short notice in a complex matter, along with the overlap between the cases, it was just to vacate the hearing dates for both appeals so they could be heard together at a later date.

Parties
Appellant in 2022/00142224: Joseph Khattar; Appellant in 2022/00144444: Maria Fayad; First Respondent: Carol Lourdes Khattar; Second Respondent: Georgia Khattar; Third Respondent: Alana Khattar
Jurisdiction
Australia
Judgment Date
16 November 2022
Procedural Posture
Appeal / Procedural Ruling on Application to Vacate Hearing Dates
Outcome
Hearing dates for both appeals vacated. Appeals to be relisted for directions before Registrar.
Legal Topics
Application to Vacate Hearing Dates, Adjournment, COVID 19 and Court Processes
Civil Procedure Application to Vacate Hearing Dates Adjournment COVID 19 and Court Processes

Case Brief

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Parties

Joseph Khattar

Appellant in 2022/00142224

Maria Fayad

Appellant in 2022/00144444

Carol Lourdes Khattar

First Respondent

Georgia Khattar

Second Respondent

Alana Khattar

Third Respondent

Procedural Posture

Appeal / Procedural Ruling on Application to Vacate Hearing Dates

Legal Issues

  1. 1 Whether hearing dates for two appeals should be vacated due to counsel illness
  2. 2 Whether both appeals should be heard together or separately

Ratio Decidendi

Owing to the illness of Ms Fayad’s counsel (COVID-19), substantiated by solicitor’s affidavit, and the impracticality of retaining alternative counsel at short notice in a complex matter, along with the overlap between the cases, it was just to vacate the hearing dates for both appeals so they could be heard together at a later date.

Court Disposition

Hearing dates for both appeals vacated. Appeals to be relisted for directions before Registrar.

Orders

  • The hearing dates of 17 and 18 November 2022 are vacated in proceedings 2022/00142224 and 2022/00144444.
  • The appeal in 2022/00142224 to be listed for directions before the Registrar on a date to be advised.