Wardy v NSW Trustee and Guardian (No 2) [2020] NSWCA 271

Wardy v NSW Trustee and Guardian (No 2) [2020] NSWCA 271

Because the appellant’s solicitor, who had unique knowledge of the case materials, suffered a sudden medical emergency and was unable to participate in the preparation and conduct of the appeal, and there was no opposition from the respondent, the Court was satisfied that the hearing should be vacated and new dates fixed.

Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Appeal / Interlocutory Application to Vacate Hearing
Outcome
Application to vacate hearing granted; new hearing date set
Legal Topics
['application to Vacate Hearing' 'adjournment of Appeal' 'procedural Directions']
['civil Procedure'] ['application to Vacate Hearing' 'adjournment of Appeal' 'procedural Directions']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application to Vacate Hearing

Legal Issues

  1. 1 ["Whether the hearing date for the appeal should be vacated due to the appellant’s solicitor's sudden medical incapacity"]

Ratio Decidendi

Because the appellant’s solicitor, who had unique knowledge of the case materials, suffered a sudden medical emergency and was unable to participate in the preparation and conduct of the appeal, and there was no opposition from the respondent, the Court was satisfied that the hearing should be vacated and new dates fixed.

Court Disposition

Application to vacate hearing granted; new hearing date set

Orders

  • ['Vacate the hearing on 22 and 23 October 2020' 'List the appeal for hearing on 1 and 2 March 2021' "Stand the matter over to the Registrar's list on 8 February 2021. If all steps in preparation of the appeal have been completed that hearing before the Registrar may be vacated by email to the Registrar from the...