SCHEIBNER v NATIONAL AUSTRALIA BANK [1994] NSWCA 278

The court found no grounds to vacate the appeal hearing date as the appeal had been expedited appropriately and the appeal books would be served within the requisite time.

Parties: Applicant: Mrs Scheibner; Respondent: National Australia Bank
Jurisdiction: Australia
Judgment Date: 07 February 1994
Procedural Posture: Application to Vacate Hearing Date / Interlocutory Motion
Outcome: Application to vacate appeal date refused. Costs of the motion reserved for the appeal court.

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Parties

Mrs Scheibner

Applicant

National Australia Bank

Respondent

Procedural Posture

Application to Vacate Hearing Date / Interlocutory Motion

Legal Issues

1 Whether the hearing date for the appeal should be vacated

Ratio Decidendi

The court found no grounds to vacate the appeal hearing date as the appeal had been expedited appropriately and the appeal books would be served within the requisite time.

Court Disposition

Application to vacate appeal date refused. Costs of the motion reserved for the appeal court.

Orders

Application to vacate hearing date dismissed
Costs reserved for the court hearing the appeal