Ah Sam v Mortimer [2021] NSWCA 141

Ah Sam v Mortimer [2021] NSWCA 141

The directions hearing on 9 July 2021 was vacated and previous procedural orders were set aside and replaced given the applicant's late compliance with filing submissions, with further directions and liberty to re-list the matter in case of default.

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Appeal / Procedural Directions
Outcome
Interlocutory procedural orders made and previous orders varied; matter remains listed for substantive hearing.
Legal Topics
['appeals' 'stay Pending Appeal' 'case Management' 'compliance With Court Orders']
['civil Procedure'] ['appeals' 'stay Pending Appeal' 'case Management' 'compliance With Court Orders']

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Procedural Posture

Appeal / Procedural Directions

Legal Issues

  1. 1 ['Whether the stay of execution of writ of possession should be lifted due to non-compliance with procedural orders' 'Case management and compliance with directions for filing submissions']

Ratio Decidendi

The directions hearing on 9 July 2021 was vacated and previous procedural orders were set aside and replaced given the applicant's late compliance with filing submissions, with further directions and liberty to re-list the matter in case of default.

Court Disposition

Interlocutory procedural orders made and previous orders varied; matter remains listed for substantive hearing.

Orders

  • ['Vacate the directions hearing listed at 9am on Friday 9 July 2021.' 'Set aside orders 4, 5 and 6 made on 31 May 2021.' 'Mr Mortimer to file and serve written submissions of no more than 20 pages by 28 July 2021.' 'Mr Ah Sam to file and serve written submissions in reply of no more than 10 pages by 4 August 2021.'...