Pachkovski v Australian Executor Trustees Ltd [2011] NSWCA 94

The medical certificates provided were not satisfactory or adequately verified and did not justify the assertion of unfitness to appear; no compelling reason was established to adjourn the hearing.

Jurisdiction: Australia
Judgment Date: 08 April 2011
Procedural Posture: Application to Adjourn Hearing on Appeal / Interlocutory Decision on Adjournment
Outcome: Adjournment not granted
Legal Topics: ['adjournment of Hearing' 'medical Certificates as Evidence']

['civil Procedure'] ['adjournment of Hearing' 'medical Certificates as Evidence']

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Procedural Posture

Application to Adjourn Hearing on Appeal / Interlocutory Decision on Adjournment

Legal Issues

1 ['Whether the applicants have provided a sufficient basis for an adjournment of the hearing due to ill health']

Ratio Decidendi

The medical certificates provided were not satisfactory or adequately verified and did not justify the assertion of unfitness to appear; no compelling reason was established to adjourn the hearing.

Court Disposition

Adjournment not granted

Orders

['Adjournment application dismissed']