Aubrey Robert Mills v North West Local Land Services [2016] NSWLEC 100

Aubrey Robert Mills v North West Local Land Services [2016] NSWLEC 100

The application to vacate hearing dates was dismissed because there was insufficient evidence that further material would be relevant or assist, the notice to produce and request for particulars did not justify vacating, the applicant was responsible for slippage, and the interests of justice did not require a vacation.

Jurisdiction
Australia
Judgment Date
01 August 2016
Procedural Posture
Application in Class 3 Appeal Proceedings / Interlocutory Application to Vacate Hearing Dates
Outcome
Application to vacate hearing dates dismissed
Legal Topics
['application to Vacate Hearing Dates' 'further Evidence' 'discretionary Power Under Civil Procedure Act']
['practice and Procedure'] ['application to Vacate Hearing Dates' 'further Evidence' 'discretionary Power Under Civil Procedure Act']

Case Brief

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Procedural Posture

Application in Class 3 Appeal Proceedings / Interlocutory Application to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether the hearing dates should be vacated to permit further evidence and address procedural matters']

Ratio Decidendi

The application to vacate hearing dates was dismissed because there was insufficient evidence that further material would be relevant or assist, the notice to produce and request for particulars did not justify vacating, the applicant was responsible for slippage, and the interests of justice did not require a vacation.

Court Disposition

Application to vacate hearing dates dismissed

Orders

  • ['Application to vacate hearing dates dismissed' 'Court to consider amendments to timetable if parties cannot agree']