Gumbleton v Hewitt [2012] NSWSC 575

Supreme Court New South Wales

Medium Neutral Citation: Gumbleton v Hewitt [2012] NSWSC 575 Hearing dates: 28 May 2012 Decision date: 28 May 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: 1. Order, upon the application of the Plaintiff, that the hearing date be vacated on terms that the solicitors for the Plaintiff do not charge him with any costs or disbursements incurred as a result of vacating the hearing date today. 2. Refer the matter to the Registrar at 9:00 a.m. on Wednesday, 6 June 2012. 3. Direct the Plaintiff to advise the Defendant, in writing, of the adjourned date, by letter sent no later than 4:00 p.m. on Wednesday 30 May 2012, or delivered to the Defendant no later than 4:00 p.m. on Friday 2 June 2012. Catchwords: Application to vacate or adjourn hearing - No evidence to establish that notice of the hearing date given to Defendant - Necessity to have evidence of notice of hearing date given to Defendant Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: City of Sydney Council v Satara [2007] NSWCA 148 French Consulting Pty Ltd v Donald [2011] NSWSC 584 Hamod v New South Wales [2011] NSWCA 375 Hinckley & South Leicestershire Permanent Benefit Building Society v Freeman [1941] Ch 32 Singh v Deputy Commissioner of Taxation [2011] FCA 889 Sydney City Council v Ke-Su Investments Pty Ltd [1985] 1 NSWLR 246 Traderight (NSW) Pty Ltd v Bank of Queensland Ltd (No 8)[2011] NSWSC 1514 Category: Procedural and other rulings Parties: Edward Gary Gumbleton (Plaintiff) John P Hewitt (Defendant) Representation: Counsel: Mr D Mackay (Plaintiff) Solicitors: McCartney Young Lawyers (Plaintiff) File Number(s): 2011/362591