Beveridge v Hellquist [2015] NSWCA 65

Beveridge v Hellquist [2015] NSWCA 65

Although the matter was unsatisfactory, there was no evidence from Mr Beveridge, no further submissions had been filed as directed, and it was not clear that the material demonstrated a reasonably arguable appeal, the appropriate course was to give Mr Beveridge one last chance to have a solicitor appear and consent to sensible directions; accordingly, the appeal proceedings were conditionally set aside, with that order stayed and to be rescinded if the specified representation conditions were satisfied.

Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Appeal Proceedings; Motion to Set Aside Appeal Proceedings for Procedural Irregularity / Directions and Show Cause Hearing in the Court of Appeal
Outcome
Appeal proceedings conditionally set aside under s 63(3) of the Civil Procedure Act 2005 (NSW), with a stay and rescission condition; further directions made.
Legal Topics
['motion to Set Aside Appeal Proceedings' 'failure to File Submissions' 'service of Notice of Intention to Appeal' 'procedural Irregularity']
['civil Procedure' 'appeals' 'negligence'] ['motion to Set Aside Appeal Proceedings' 'failure to File Submissions' 'service of Notice of Intention to Appeal' 'procedural Irregularity']

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Procedural Posture

Appeal Proceedings; Motion to Set Aside Appeal Proceedings for Procedural Irregularity / Directions and Show Cause Hearing in the Court of Appeal

Legal Issues

  1. 1 ['Whether the appeal proceedings should be set aside under s 63(3) of the Civil Procedure Act 2005 (NSW) for procedural irregularity, including failure to serve the notice of intention to appeal within time and failure to file submissions as directed.' 'Whether Mr Beveridge should be given a further opportunity to have a legal representative appear before the proceedings are set aside.']

Ratio Decidendi

Although the matter was unsatisfactory, there was no evidence from Mr Beveridge, no further submissions had been filed as directed, and it was not clear that the material demonstrated a reasonably arguable appeal, the appropriate course was to give Mr Beveridge one last chance to have a solicitor appear and consent to sensible directions; accordingly, the appeal proceedings were conditionally set aside, with that order stayed and to be rescinded if the specified representation conditions were satisfied.

Court Disposition

Appeal proceedings conditionally set aside under s 63(3) of the Civil Procedure Act 2005 (NSW), with a stay and rescission condition; further directions made.

Orders

  • ['The proceedings be listed for directions before Emmett JA on Monday, 16 March 2015 at 9:45 am.' 'Subject to orders (3) and (4), the appeal proceedings be set aside under s 63(3) of the Civil Procedure Act 2005 (NSW).' 'Order (2) be stayed up to and including 16 March 2015 on terms that, no later than Friday, 13...