Gumbleton v Hewitt [2012] NSWSC 575

Gumbleton v Hewitt [2012] NSWSC 575

The hearing was vacated because the Plaintiff could not establish by admissible evidence that proper notice of the hearing date had been given to the Defendant, thus procedural fairness required the adjournment.

Parties
Plaintiff: Edward Gary Gumbleton; Defendant: John P Hewitt
Jurisdiction
Australia
Judgment Date
28 May 2012
Procedural Posture
Application to Vacate or Adjourn Hearing / Procedural/interlocutory
Outcome
Hearing date vacated and adjourned; matter referred to Registrar; specific directions given regarding notification and costs.
Legal Topics
Adjournment of Hearing, Proof of Service, Procedural Fairness
Civil Procedure Adjournment of Hearing Proof of Service Procedural Fairness

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Parties

Edward Gary Gumbleton

Plaintiff

John P Hewitt

Defendant

Procedural Posture

Application to Vacate or Adjourn Hearing / Procedural/interlocutory

Legal Issues

  1. 1 Whether sufficient evidence of notice of hearing date was given to the Defendant
  2. 2 Whether the hearing should be vacated/adjourned due to inadequate service

Ratio Decidendi

The hearing was vacated because the Plaintiff could not establish by admissible evidence that proper notice of the hearing date had been given to the Defendant, thus procedural fairness required the adjournment.

Court Disposition

Hearing date vacated and adjourned; matter referred to Registrar; specific directions given regarding notification and costs.

Orders

  • The hearing date is vacated on terms that the Plaintiff's solicitors do not charge the Plaintiff any costs or disbursements incurred as a result of vacating the hearing date.
  • The matter is referred to the Registrar at 9:00 a.m. on Wednesday, 6 June 2012.