Jeray v Blue Mountains City Council [2010] NSWLEC 261

Jeray v Blue Mountains City Council [2010] NSWLEC 261

The application to vacate the hearing date was refused because, on the evidence before the Court, the affidavit served on 19 October 2010 was substantively identical to the later filed and stamped copy served on 27 October 2010, and the omissions relied upon by the applicant did not provide a logical basis for finding non-compliance or prejudice sufficient to vacate the hearing.

Jurisdiction
Australia
Judgment Date
01 November 2010
Procedural Posture
Notice of Motion Seeking to Vacate Hearing Date in Contempt Proceedings / Ex Tempore Judgment on Application to Vacate Hearing Date
Outcome
Application refused.
Legal Topics
['application to Vacate Hearing Dates' 'affidavit Evidence' 'compliance With Directions' 'contempt of Court Motion']
['practice and Procedure'] ['application to Vacate Hearing Dates' 'affidavit Evidence' 'compliance With Directions' 'contempt of Court Motion']

Case Brief

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Procedural Posture

Notice of Motion Seeking to Vacate Hearing Date in Contempt Proceedings / Ex Tempore Judgment on Application to Vacate Hearing Date

Legal Issues

  1. 1 ["Whether the hearing date for the applicant's contempt motion should be vacated because the respondent's affidavit evidence was allegedly not filed and served in accordance with directions." "Whether omissions from the affidavit served on 19 October 2010, including the date and place of swearing and absence of a Court stamp, prejudiced the applicant's preparation for the hearing."]

Ratio Decidendi

The application to vacate the hearing date was refused because, on the evidence before the Court, the affidavit served on 19 October 2010 was substantively identical to the later filed and stamped copy served on 27 October 2010, and the omissions relied upon by the applicant did not provide a logical basis for finding non-compliance or prejudice sufficient to vacate the hearing.

Court Disposition

Application refused.

Orders

  • ['The application to vacate the hearing date fixed for Friday 5 November 2010 was refused.' 'The motion was to proceed to hearing as presently fixed at 10.00am on Friday 5 November 2010.' 'The applicant was allowed until 4.00pm on 4 November 2010 to file any evidence in reply.']