Battenberg v Phillips [2022] NSWDC 42

District Court New South Wales

Medium Neutral Citation: Battenberg v Phillips [2022] NSWDC 42 Hearing dates: 10 February 2022 Date of orders: 10 February 2022 Decision date: 01 March 2022 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1 the Plaintiff's Notice of Motion filed 19 January 2022 is dismissed; 2 the Hearing listed for 17 February 2022 is confirmed with an estimate of 1 day; 3 Plaintiff is to file and serve his written submissions in respect of the appeal on or before 4pm on 16 February 2022; 4 in the event that the appellant is unable to comply with order 3 he has leave to deliver submissions orally on 17 February 2022; 5 the question of costs of the Plaintiff's Notice of Motion is reserved for the Judge who hears the appeal. Catchwords: CIVIL – Practice and Procedure- Application to Vacate Hearing - refused Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58 Category: Procedural rulings Parties: Andrew Battenberg (Plaintiff) Bruce Keith Phillips (Defendant) Robyn Ruth Price (Defendant) Representation: Mr Battenberg (Self-represented)

Counsel: Ms Castle (Defendants) File Number(s): 2021/227906 Publication restriction: none

Judgment 1. On 10 February 2022 I made the following orders: 1. the Plaintiff's Notice of Motion filed 19 January 2022 is dismissed; 2. the Hearing listed for 17 February 2022 is confirmed with an estimate of 1 day; 3. Plaintiff is to file and serve his written submissions in respect of the appeal on or before 4pm on 16 February 2022; 4. in the event that the appellant is unable to comply with order 3 he has leave to deliver submissions orally on 17 February 2022; 5. the question of costs of the Plaintiff's Notice of Motion is reserved for the Judge who hears the appeal. 1. As the matter came before me on 9 February and 10 February 2022 in the course of a busy list, my reasons were reserved and are now provided.