von Reisner v Chepurin [2012] NSWCA 418

von Reisner v Chepurin [2012] NSWCA 418

The application to vacate the hearing date was dismissed as the medical evidence provided was summary, primarily based on Ms von Reisner's own assertions, and did not provide confidence that her situation would change if the hearing were postponed. The invocation of Occupational Health and Safety legislation was found irrelevant as Ms von Reisner was not a 'worker' for the purposes of that legislation in these circumstances.

Jurisdiction
Australia
Judgment Date
03 December 2012
Procedural Posture
Interlocutory Application / Application to Vacate Hearing Date
Outcome
Application to vacate the hearing date dismissed with costs
Legal Topics
['application to Vacate Hearing Date' 'medical Grounds' 'occupational Health and Safety Grounds' 'weight of Medical Evidence' 'court Management']
['practice and Procedure'] ['application to Vacate Hearing Date' 'medical Grounds' 'occupational Health and Safety Grounds' 'weight of Medical Evidence' 'court Management']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date should be vacated on medical grounds' 'Whether Occupational Health and Safety requirements necessitate adjournment']

Ratio Decidendi

The application to vacate the hearing date was dismissed as the medical evidence provided was summary, primarily based on Ms von Reisner's own assertions, and did not provide confidence that her situation would change if the hearing were postponed. The invocation of Occupational Health and Safety legislation was found irrelevant as Ms von Reisner was not a 'worker' for the purposes of that legislation in these circumstances.

Court Disposition

Application to vacate the hearing date dismissed with costs

Orders

  • ['Application to vacate the hearing date dismissed with costs']