Stankovic v Stankovic [2007] NSWSC 814

Stankovic v Stankovic [2007] NSWSC 814

The matter was not ready for hearing because necessary subpoena steps had not been completed, the plaintiff was unrepresented and had given an explanation of ill health, and fairness required that he receive some indulgence given the first defendant had already received considerable indulgences in filing his affidavit of accounts; the hearing date was therefore vacated and further directions made.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Equity Proceedings for Taking of Accounts / Pre Hearing Directions; Adjournment and Vacation of Hearing Date
Outcome
Hearing date vacated
Legal Topics
['adjournment' 'taking of Accounts' 'unrepresented Litigants' 'subpoenas' 'pre Trial Directions']
['civil Procedure' 'equity'] ['adjournment' 'taking of Accounts' 'unrepresented Litigants' 'subpoenas' 'pre Trial Directions']

Case Brief

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Procedural Posture

Equity Proceedings for Taking of Accounts / Pre Hearing Directions; Adjournment and Vacation of Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date should be vacated and further directions made because the plaintiff, who was unrepresented and relied on ill health, had not issued subpoenas said to be necessary.' 'Whether fairness required the plaintiff to be afforded indulgences where the first defendant had previously been granted considerable indulgences in filing his affidavit of accounts.']

Ratio Decidendi

The matter was not ready for hearing because necessary subpoena steps had not been completed, the plaintiff was unrepresented and had given an explanation of ill health, and fairness required that he receive some indulgence given the first defendant had already received considerable indulgences in filing his affidavit of accounts; the hearing date was therefore vacated and further directions made.

Court Disposition

Hearing date vacated

Orders

  • ['Vacate the appointment for hearing appointed to commence before Brereton J on 12 July 2007 for two days.' 'Appoint Wednesday 1 August 2007 at 9am before the Registrar for return of subpoenas.' 'Direct that the plaintiff and the first defendant may, on or before 15 August 2007, examine the other party upon...