THEORET BY HER TUTOR EDGAR LAWRENCE THEORET v THEORET [1996] NSWCA 525

THEORET BY HER TUTOR EDGAR LAWRENCE THEORET v THEORET [1996] NSWCA 525

No error of principle or manifest injustice was demonstrated in the trial judge's refusal to vacate the hearing date; accordingly, the application to set aside the exercise of discretion fails.

Parties
Claimant: Theoret by her tutor Edgar Lawrence Theoret; Defendant: Theoret
Jurisdiction
Australia
Judgment Date
12 August 1996
Procedural Posture
Appeal / Application to Set Aside Discretionary Order (adjournment/vacation of Hearing Date)
Outcome
application dismissed with costs
Legal Topics
Judicial Discretion, Adjournment of Proceedings
Civil Procedure Judicial Discretion Adjournment of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Theoret by her tutor Edgar Lawrence Theoret

Claimant

Theoret

Defendant

Procedural Posture

Appeal / Application to Set Aside Discretionary Order (adjournment/vacation of Hearing Date)

Legal Issues

  1. 1 Whether the Court should interfere with the District Court's discretionary decision to refuse vacation of the hearing date

Ratio Decidendi

No error of principle or manifest injustice was demonstrated in the trial judge's refusal to vacate the hearing date; accordingly, the application to set aside the exercise of discretion fails.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed.
  • Applicant to pay costs.