Beveridge v Hellquist [2015] NSWCA 65

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Beveridge v Hellquist [2015] NSWCA 65 Hearing dates: 9 March 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Before: Emmett JA Decision: (1) The proceedings be listed for directions before me on Monday, 16 March 2015 at 9:45 am.

(2) Subject to orders (3) and (4), the appeal proceedings be set aside under s 63(3) of the Civil Procedure Act 2005 (NSW).

(3) Order (2) be stayed up to and including 16 March 2015 on terms that, no later than Friday, 13 March 2015, an appearance by a legal representative is filed on behalf of Mr Beveridge and a legal representative appears on behalf of Mr Beveridge at the directions hearing scheduled for Monday, 16 March 2015 at 9:45 am.

(4) Order (2) be rescinded if the terms of order (3) are satisfied.

(5) Subject to order (4): (a) The hearing of the notice of motion of 2 October 2014 be listed for hearing on Monday, 30 March 2015 at 10:15 am before the referrals judge. (b) Mr Beveridge file and serve any affidavit and written submissions on which he wishes to rely no later than 20 March 2015. (c) Ms Hellquist file and serve any affidavit and written submissions on which she wishes to rely no later than 26 March 2015. Catchwords: PROCEDURE – motion for appeal proceedings to be set aside for procedural irregularity, including the appellant's failure to file submissions Legislation Cited: Civil Procedure Act 2005 (NSW), s 63 Category: Procedural and other rulings Parties: Warren Beveridge (Appellant) Patricia Hellquist (Respondent) Representation: Counsel: Self-represented (Appellant) Ms B Wallace (Respondent)