Woollahra Council v Duarte (No 3) [2013] NSWLEC 70

Woollahra Council v Duarte (No 3) [2013] NSWLEC 70

Given the respondent's current lack of representation, her distressed state, and potential prejudice if forced to proceed, and given the dictates of justice per the Civil Procedure Act 2005, the Court grants the application to vacate the hearing dates and relist the matter for a short date.

Parties
Applicant: Woollahra Council; First Respondent: Charmaine Duarte; Second Respondent: Rodney Duarte
Jurisdiction
Australia
Judgment Date
15 May 2013
Procedural Posture
Class 4 / Interlocutory Application to Vacate Hearing Dates
Outcome
Application to vacate hearing granted; orders made as per judgment.
Legal Topics
Vacation of Hearing Dates, Adjournment, Exercise of Discretion, Representation of Parties
Practice and Procedure Vacation of Hearing Dates Adjournment Exercise of Discretion Representation of Parties

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Parties

Woollahra Council

Applicant

Charmaine Duarte

First Respondent

Rodney Duarte

Second Respondent

Procedural Posture

Class 4 / Interlocutory Application to Vacate Hearing Dates

Legal Issues

  1. 1 Whether to vacate the hearing listed for 21 and 22 May 2013 for a second time
  2. 2 Whether the dictates of justice require the adjournment in circumstances of the first respondent's lack of legal representation and personal distress

Ratio Decidendi

Given the respondent's current lack of representation, her distressed state, and potential prejudice if forced to proceed, and given the dictates of justice per the Civil Procedure Act 2005, the Court grants the application to vacate the hearing dates and relist the matter for a short date.

Court Disposition

Application to vacate hearing granted; orders made as per judgment.

Orders

  • Vacate the hearing listed for 21 and 22 May 2013.
  • Fix the hearing of these proceedings for Monday 24 June 2013.