26 May 2017
The review is dismissed because the Associate Judge correctly applied the applicable principles: the appeal would not be rendered nugatory, no novel or important legal issue was apparent, the balance of convenience and potential prejudice to the creditor and Official Assignee favored refusing a stay, and the applicants failed to show the exercise of discretion was wrong.
7 Nov 2007
The counterclaim attacking title to the right of way was properly struck out because the pleading failed to allege or support the necessary elements to defeat indefeasibility under s183 LTA (no established fraud by predecessors and no evidence defendant had requisite knowledge); the Council's approval undermined the allegation of vendor fraud and the defendant purchased without knowledge from a mortgagee purchaser; allegations of criminal conduct did not, as pleaded, disclose civil causes of action but may be re-pleaded to articulate recognised torts.
12 Dec 2006
The adjournment was refused because the plaintiffs had accepted the 19 December fixture, the only reason advanced was the unavailability of a particular counsel, granting an adjournment would prejudice the respondent and delay proceedings, and the half‑day interlocutory hearing was not of such consequence that only the nominated counsel could appear.