Commonwealth Bank of Australia v Kalantzis [2013] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Kalantzis [2013] NSWSC 43 Hearing dates: 01/02/2013 Decision date: 04 February 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 1 February 2013 dismissed. (2) Defendant to pay the plaintiff's costs. Catchwords: PRACTICE AND PROCEDURE - Late Application to Vacate hearing date - No satisfactory explanation offered - Dictates of justice against application - Application refused - No point of principle. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Ltd v Australian National University [2009] HCA 27 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (P) Linda Kalantzis (2D) Representation: P Dowdy (P) D A Allen (2D) File Number(s): 2010/321911

Judgment 1The Commonwealth Bank of Australia sues Mrs Linda Kalantzis on a guarantee which relates to the debts of a company called Nexon Pty Limited. 2These proceedings are fixed for a final hearing on 5 February 2013. The hearing date was allocated in August 2012. 3On Thursday 31 January 2013 Mrs Kalantzis foreshadowed that she would be making an application for the hearing date to be vacated and for an adjournment of the proceedings. On Friday 1 February 2013 that application was heard. 4At the conclusion of the hearing I announced the orders of the court, namely, that the application would be dismissed. I also noted that I would deliver reasons for those orders on Monday 4 February 2013. 5These are the reasons for the orders which I indicated: