Bobolas v Waverley Council [2019] NSWLEC 148

Bobolas v Waverley Council [2019] NSWLEC 148

The application to vacate was refused because the Bobolases had known since 4 July 2019 that the final hearing was listed for 24 and 25 September 2019, had been expressly warned to make any vacation application in a timely fashion, had liberty to relist on two days' notice, and nevertheless made the application on the first hearing day. The Court found no valid complaint about service of documents, any Council delay was at most one day and had been known since 15 August 2019, there was no evidence establishing counsel's relevant unavailability or illness as a sufficient basis, and granting the application would be contrary to the just, quick and cheap disposition required by s 56 of the...

Jurisdiction
Australia
Judgment Date
24 September 2019
Procedural Posture
Class 4 Application to Vacate Hearing Dates / Notice of Motion on First Scheduled Final Hearing Day
Outcome
Application to vacate dismissed.
Legal Topics
['application to Vacate Hearing Dates' 'adjournment' 'case Management' 'service of Documents' 'self Represented Litigants']
['civil Procedure' 'land and Environment Court Procedure'] ['application to Vacate Hearing Dates' 'adjournment' 'case Management' 'service of Documents' 'self Represented Litigants']

Case Brief

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Procedural Posture

Class 4 Application to Vacate Hearing Dates / Notice of Motion on First Scheduled Final Hearing Day

Legal Issues

  1. 1 ['Whether the hearing dates of 24 and 25 September 2019 should be vacated or adjourned.' 'Whether complaints about service of documents and alleged non-compliance with timetabling orders justified vacating the hearing.' 'Whether the asserted unavailability of pro bono counsel, illness, inclement weather, school holidays and computer trouble justified further time and vacation of the hearing.']

Ratio Decidendi

The application to vacate was refused because the Bobolases had known since 4 July 2019 that the final hearing was listed for 24 and 25 September 2019, had been expressly warned to make any vacation application in a timely fashion, had liberty to relist on two days' notice, and nevertheless made the application on the first hearing day. The Court found no valid complaint about service of documents, any Council delay was at most one day and had been known since 15 August 2019, there was no evidence establishing counsel's relevant unavailability or illness as a sufficient basis, and granting the application would be contrary to the just, quick and cheap disposition required by s 56 of the...

Court Disposition

Application to vacate dismissed.

Orders

  • ['The Notice of Motion is dismissed.']