Maria Luz Harvey by her tutor Peter David Barton v Maria Luz Barton [2014] NSWSC 1422

Medical certificate from defendant was insufficiently precise to warrant a lengthy adjournment; proceedings adjourned briefly to allow defendant opportunity to attend or instruct legal representation. Trustees' motion and affidavits to be served on defendant ahead of next hearing.

Parties: Applicant: Andrew James Barnden; Applicant: Geoffrey Philip Reidy; Plaintiff: Maria Luz Harvey; Respondent/defendant: Maria Luz Barton
Jurisdiction: Australia
Judgment Date: 15 October 2014
Procedural Posture: Motion by Trustees for Sale / Adjourned Hearing
Outcome: trustee's amended motion adjourned
Legal Topics: Trustees for Sale, Vacating Property, Adjournment, Medical Certificate

Equity Property Law Trustees for Sale Vacating Property Adjournment Medical Certificate

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Parties

Andrew James Barnden

Applicant

Geoffrey Philip Reidy

Applicant

Maria Luz Harvey

Plaintiff

Maria Luz Barton

Respondent/defendant

Procedural Posture

Motion by Trustees for Sale / Adjourned Hearing

Legal Issues

1 Whether the defendant should be ordered to vacate the property
2 Whether a medical certificate submitted by the defendant is sufficient to grant a lengthy adjournment
3 Whether trustees may rely on amended motion and affidavits

Ratio Decidendi

Court Disposition

trustee's amended motion adjourned

Orders

Trustees' amended motion adjourned for hearing at 10am on Monday 27 October 2014.
Trustees directed to serve by email and at property address both amended motion and trustees' affidavits, together with a copy of reasons, by 4pm Friday 18 October 2014.