Woollahra Council v Duarte (No 2) [2013] NSWLEC 12

Woollahra Council v Duarte (No 2) [2013] NSWLEC 12

The alleged events concerning the money intended for legal fees left the first respondent legally unrepresented in extraordinary circumstances, and fairness required that the imminent hearing date be vacated and new dates fixed to allow time to seek representation, with related procedural directions made.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Class 4 / Motion to Vacate Hearing Date
Outcome
Hearing date vacated and new hearing dates fixed.
Legal Topics
['motion to Vacate Hearing Date' 'adjournment' 'legal Representation' 'separate Questions']
['practice and Procedure'] ['motion to Vacate Hearing Date' 'adjournment' 'legal Representation' 'separate Questions']

Case Brief

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Procedural Posture

Class 4 / Motion to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date for separate questions should be vacated to allow the first respondent an opportunity to obtain legal representation.' 'Whether consequential directions should be made for new hearing dates, conferral between parties, extension of time for compliance with an earlier order, and costs.']

Ratio Decidendi

The alleged events concerning the money intended for legal fees left the first respondent legally unrepresented in extraordinary circumstances, and fairness required that the imminent hearing date be vacated and new dates fixed to allow time to seek representation, with related procedural directions made.

Court Disposition

Hearing date vacated and new hearing dates fixed.

Orders

  • ['The hearing date of 11 February 2013 is vacated.' 'The separate questions will be heard on 30 April and 1 May 2013.' 'The parties are to confer within 14 days.' 'Extend the time for compliance with Order 3 made on 23 November 2012 to 9 April 2013.' "The costs of the second respondent's notice of motion filed on 6...