Aboriginal Housing Company Ltd v Kaye-Engel (No. 5) [2015] NSWSC 39

Aboriginal Housing Company Ltd v Kaye-Engel (No. 5) [2015] NSWSC 39

The Notice of Motion was dismissed because the long-running proceedings needed to be brought to finality; the Defendant had repeatedly failed to serve evidence despite directions and extensions; no good reason or medical evidence explained that failure or her absences; her new Legal Aid application did not justify...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 February 2015
Procedural Posture
Notice of Motion by Defendant to Vacate Hearing Date, Seek Leave to Issue Subpoenas, and Require an Officer of the Plaintiff to Be Added to the Proceedings / Pre Trial Directions Before Hearing Fixed for 23 February 2015
Outcome
Defendant's Notice of Motion dated 6 February 2015 dismissed; hearing date confirmed; limited leave granted to serve affidavit; hearing orders varied.
Legal Topics
['application to Vacate Hearing Date' 'self Represented Litigant' 'leave to Issue Subpoenas' 'failure to Comply With Evidence Directions' 'pro Bono Assistance' 'legal Aid Application' 'case Management']
['civil Procedure'] ['application to Vacate Hearing Date' 'self Represented Litigant' 'leave to Issue Subpoenas' 'failure to Comply With Evidence Directions' 'pro Bono Assistance' 'legal Aid Application' 'case Management']

Source-derived case record

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Procedural Posture

Notice of Motion by Defendant to Vacate Hearing Date, Seek Leave to Issue Subpoenas, and Require an Officer of the Plaintiff to Be Added to the Proceedings / Pre Trial Directions Before Hearing Fixed for 23 February 2015

Legal Issues

  1. 1 ['Whether the hearing fixed for 23 February 2015 should be vacated because the Defendant had applied for Legal Aid and remained unrepresented.' 'Whether the Defendant should be granted leave to issue subpoenas to persons she wished to give evidence on her behalf.' 'Whether there was a proper basis to add Mr Mundine as a Plaintiff or party to the proceedings.' 'Whether the Defendant should be permitted to serve her affidavit dated 19 December 2014 despite earlier non-compliance with directions.']

Ratio Decidendi

The Notice of Motion was dismissed because the long-running proceedings needed to be brought to finality; the Defendant had repeatedly failed to serve evidence despite directions and extensions; no good reason or medical evidence explained that failure or her absences; her new Legal Aid application did not justify vacating the hearing; there was no evidentiary basis for subpoenas or for joining Mr Mundine; and the Court had already provided assistance directed to obtaining legal representation.

Court Disposition

Defendant's Notice of Motion dated 6 February 2015 dismissed; hearing date confirmed; limited leave granted to serve affidavit; hearing orders varied.

Orders

  • ["Defendant's Notice of Motion dated 6 February 2015 is dismissed." 'Hearing dates commencing 23 February 2015 confirmed.' 'Defendant granted leave to serve her affidavit dated 19 December 2014, such affidavit to be served on Plaintiff by close of business on 10 February 2015.' 'Vary the Usual Order for Hearing to...