Stanwell Park (R83095) Reserve Trust v Papadopoulos [2019] NSWCA 57

Stanwell Park (R83095) Reserve Trust v Papadopoulos [2019] NSWCA 57

The hearing date should be vacated because the circumstances were unusual: there was no contended prejudice to the Reserve Trust from a short adjournment, liability was not disputed, the appellant had evicted an unrepresented successful litigant from her home and business, a stay of execution of the whole judgment continued to prejudice her, the remaining issues were purely legal, and both parties and the Court would be assisted by appointment of an amicus curiae.

Jurisdiction
Australia
Judgment Date
25 March 2019
Procedural Posture
Notice of Motion in Appeal Seeking to Vacate Hearing Date / Procedural Ruling Before Appeal Hearing
Outcome
Hearing date vacated; appeal referred for appointment of amicus curiae; directions made.
Legal Topics
['application to Vacate Hearing Date' 'appointment of Amicus Curiae' 'stay of Execution' 'compliance With Directions' 'questions of Law on Appeal']
['practice and Procedure' 'civil Procedure' 'appellate Procedure'] ['application to Vacate Hearing Date' 'appointment of Amicus Curiae' 'stay of Execution' 'compliance With Directions' 'questions of Law on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Appeal Seeking to Vacate Hearing Date / Procedural Ruling Before Appeal Hearing

Legal Issues

  1. 1 ['Whether the hearing of the appeal listed for 3 April 2019 should be vacated.' 'Whether the appeal should be referred for appointment of a barrister to act as amicus curiae.' 'What directions should be made for filing written submissions and relisting the appeal.']

Ratio Decidendi

The hearing date should be vacated because the circumstances were unusual: there was no contended prejudice to the Reserve Trust from a short adjournment, liability was not disputed, the appellant had evicted an unrepresented successful litigant from her home and business, a stay of execution of the whole judgment continued to prejudice her, the remaining issues were purely legal, and both parties and the Court would be assisted by appointment of an amicus curiae.

Court Disposition

Hearing date vacated; appeal referred for appointment of amicus curiae; directions made.

Orders

  • ['Vacate the hearing of the appeal presently listed for 3 April 2019.' 'Refer the appeal to the Registrar for referral to a barrister to act as amicus curiae, such referral extending to the drafting of written submissions in response to those of the Reserve Trust filed on 21 November 2018, and appearing when the...