Johnson v Calvo (No 2) [2016] NSWCA 75

Johnson v Calvo (No 2) [2016] NSWCA 75

There was no sufficient evidence or proper basis to accede to the application to vacate the hearing dates. The applicant failed to comply with previous directions, offered inadequate evidence for adjournment, and the grounds advanced (lack of legal representation, health, impecuniosity) were either unsupported by evidence or introduced too late. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
11 April 2016
Procedural Posture
Notice of Motion in Pending Appeal / Interlocutory Application to Vacate Hearing
Outcome
Application to vacate hearing dismissed
Legal Topics
['application to Vacate Hearing' 'adjournments' 'compliance With Court Directions' 'litigation Management']
['civil Procedure'] ['application to Vacate Hearing' 'adjournments' 'compliance With Court Directions' 'litigation Management']

Case Brief

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Procedural Posture

Notice of Motion in Pending Appeal / Interlocutory Application to Vacate Hearing

Legal Issues

  1. 1 ["Whether Ms Johnson's application to vacate the hearing dates should be granted" 'Whether there was sufficient evidence to justify vacating the hearing dates' 'Compliance with procedural directions in appeal proceedings']

Ratio Decidendi

There was no sufficient evidence or proper basis to accede to the application to vacate the hearing dates. The applicant failed to comply with previous directions, offered inadequate evidence for adjournment, and the grounds advanced (lack of legal representation, health, impecuniosity) were either unsupported by evidence or introduced too late. The application was therefore dismissed.

Court Disposition

Application to vacate hearing dismissed

Orders

  • ["Ms Johnson's notice of motion filed 4 April 2016 be dismissed." "Ms Johnson to pay Ellimark's costs of and occasioned by the notice of motion." 'No order as to the costs of Ms Calvo.']