Bellou v Victoria University (No 5) [2022] FCA 1408
Despite the regrettable age and history of delay in the proceeding, the court accepted that the applicant's current medical incapacity justified vacating the December 2022 trial on this occasion, but indicated further indulgence would require a particularly compelling basis due to significant effects on the respondent and other litigants.
- Parties
- Applicant: Thea Bellou; Respondent: Victoria University
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2022
- Procedural Posture
- Interlocutory Application / Hearing of Application to Vacate Trial Date
- Outcome
- Application to vacate trial date granted
- Legal Topics
- Interlocutory Applications, Vacation of Trial Date, Medical Incapacity
Case Brief
Summary, issues, holding and outcome
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Parties
Thea Bellou
Applicant
Victoria University
Respondent
Procedural Posture
Interlocutory Application / Hearing of Application to Vacate Trial Date
Legal Issues
- 1 Whether the applicant's medical incapacity justifies vacating the upcoming trial date
- 2 Whether the medical evidence is sufficient to demonstrate incapacity to prosecute the proceeding
Ratio Decidendi
Despite the regrettable age and history of delay in the proceeding, the court accepted that the applicant's current medical incapacity justified vacating the December 2022 trial on this occasion, but indicated further indulgence would require a particularly compelling basis due to significant effects on the respondent and other litigants.
Court Disposition
Application to vacate trial date granted
Orders
- Order 8 of the orders made on 31 March 2022 be vacated.
- The hearing of the trial set for 5-9 December 2022 is vacated.
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