Jeray v Blue Mountains City Council & Ors; Jeray v Blue Mountains City Council [2011] NSWLEC 218

Jeray v Blue Mountains City Council & Ors; Jeray v Blue Mountains City Council [2011] NSWLEC 218

The application to vacate the hearing dates was dismissed because the supporting evidence (medical certificate) was inadequate, incomplete, and not subject to cross-examination, and the factual foundation was not revealed.

Jurisdiction
Australia
Judgment Date
23 November 2011
Procedural Posture
Interlocutory Application / Application to Vacate Hearing Dates
Outcome
Application to vacate hearing dates dismissed with costs.
Legal Topics
['application to Vacate Hearing Dates' 'dismissal for Want of Prosecution' 'preparation for Trial']
['civil Procedure'] ['application to Vacate Hearing Dates' 'dismissal for Want of Prosecution' 'preparation for Trial']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Hearing Dates

Legal Issues

  1. 1 ["Whether the hearing dates should be vacated based on the applicant's medical certificate" 'Adequacy of evidence to support vacation of hearing' 'Consequence of non-appearance and potential dismissal for want of prosecution']

Ratio Decidendi

The application to vacate the hearing dates was dismissed because the supporting evidence (medical certificate) was inadequate, incomplete, and not subject to cross-examination, and the factual foundation was not revealed.

Court Disposition

Application to vacate hearing dates dismissed with costs.

Orders

  • ['The application to vacate the hearing dates is dismissed with costs.' 'Directions sought by the Council concerning the preparation for trial and its application to dismiss proceedings for want of prosecution are made.' 'A copy of these reasons is to be served on Mr Jeray by 12.00 noon Thursday 24 November 2011 in...