COCKBURN & ORS v GIO FINANCE LTD [2001] NSWCA 155

COCKBURN & ORS v GIO FINANCE LTD [2001] NSWCA 155

The hearing dates would not be vacated because no proper application supported by good cause had been made, inconvenience to counsel was not sufficient, the Court's list and resources required fixed dates to be maintained, and counsel or alternative counsel were in any event available for the scheduled hearing.

Jurisdiction
Australia
Judgment Date
17 May 2001
Procedural Posture
Appeal / Application to Vacate Fixed Hearing Dates by Consent
Outcome
Adjournment refused
Legal Topics
['court of Appeal' 'hearing Date Fixed' 'adjournment' 'application to Vacate Hearing Date' 'consent Orders']
['practice and Procedure'] ['court of Appeal' 'hearing Date Fixed' 'adjournment' 'application to Vacate Hearing Date' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Application to Vacate Fixed Hearing Dates by Consent

Legal Issues

  1. 1 ['Whether the fixed hearing dates for the appeal should be vacated by consent because the dates were inconvenient to one or both counsel.' 'What procedure should be followed when seeking to vacate a hearing date in the Court of Appeal.']

Ratio Decidendi

The hearing dates would not be vacated because no proper application supported by good cause had been made, inconvenience to counsel was not sufficient, the Court's list and resources required fixed dates to be maintained, and counsel or alternative counsel were in any event available for the scheduled hearing.

Court Disposition

Adjournment refused

Orders

  • ['The date fixed for hearing was confirmed.' 'The proposed consent orders to vacate the hearing dates were not made.']