Equititrust Ltd v Newton [2010] NSWSC 455

Equititrust Ltd v Newton [2010] NSWSC 455

Due to the defendant's health issues, lack of legal representation, and the minimal impact of a short adjournment on the ultimate recovery, it is appropriate to vacate the hearing dates and allow a brief postponement for the defendant to obtain legal advice.

Parties
Plaintiff: Equititrust Ltd; Defendant: Kristine Lorraine Newton
Jurisdiction
Australia
Judgment Date
13 May 2010
Procedural Posture
Claim for Possession / Application to Vacate Hearing Dates
Outcome
Application to vacate hearing dates granted; hearing rescheduled; indemnity costs ordered against defendant.
Legal Topics
Application to Vacate Hearing, Adjournment, Self Represented Litigant, Health Issues
Procedure Application to Vacate Hearing Adjournment Self Represented Litigant Health Issues

Case Brief

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Parties

Equititrust Ltd

Plaintiff

Kristine Lorraine Newton

Defendant

Procedural Posture

Claim for Possession / Application to Vacate Hearing Dates

Legal Issues

  1. 1 Whether the hearing dates should be vacated due to the defendant's lack of legal representation and health issues

Ratio Decidendi

Due to the defendant's health issues, lack of legal representation, and the minimal impact of a short adjournment on the ultimate recovery, it is appropriate to vacate the hearing dates and allow a brief postponement for the defendant to obtain legal advice.

Court Disposition

Application to vacate hearing dates granted; hearing rescheduled; indemnity costs ordered against defendant.

Orders

  • Vacate the hearing dates of 13 and 14 May 2010.
  • Fix the matter for hearing before me on 27 and 28 May 2010.