Johnson v MacKinnon [2020] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Johnson v MacKinnon [2020] NSWCA 258 Hearing dates: 14 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Before: McCallum JA Decision: 1. The appellant's application to vacate the hearing date is refused. 2. The appellant is to pay the respondent's costs of the matters heard today. Catchwords: CIVIL PROCEDURE – application to vacate hearing date Legislation Cited: Civil Procedure Act Uniform Civil Procedure Rules Cases Cited: Gersbach v Gersbach [2020] NSWCA 153 Category: Procedural and other rulings Parties: Leigh Diane Johnson (appellant) Ian Henry MacKinnon (respondent) Representation: Counsel: J Burnside, QC, S Lipp (appellant) T Dixon SC (respondent)

Solicitors: Platinum Lawyers & Conveyancers (appellant) Nelson McKinnon Lawyers (respondent) File Number(s): 2020/07219 Publication restriction: None Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Date of Decision: 13 December 2019 Before: Stevenson J File Number(s): 2015/332497

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]