Stanwell Park (R83095) Reserve Trust v Papadopoulos [2019] NSWCA 57

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stanwell Park (R83095) Reserve Trust v Papadopoulos [2019] NSWCA 57 Hearing dates: 25 March 2019 Decision date: 25 March 2019 Before: Leeming JA Decision: 1. Vacate the hearing of the appeal presently listed for 3 April 2019.

2. I refer the appeal to the Registrar for referral to a barrister to act as amicus curiae, such referral extending to the drafting of written submissions in response to those of the Reserve Trust filed on 21 November 2018, and appearing when the appeal is listed for hearing.

3. Direct Ms Papadopoulos to file and serve her written submissions on or before 15 April 2019.

4. List the matter before the Registrar for directions on a date to be fixed for the allocation of a hearing date (hopefully 4-6 weeks from today).

5. I note that the directions hearing in 4 may be vacated if the Registrar can allocate a hearing date without the need for an oral hearing. Catchwords: PRACTICE – application to vacate – no prejudice to appellant – delay by appellant in filing and prosecution of appeal – appellant has benefit of stay of execution – grounds of appeal limited to questions of law – hearing date vacated – appropriateness of appointment of counsel to appear as amicus curiae Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Category: Procedural and other rulings Parties: Sofia Papadopoulos (applicant) Stanwell Park (R83095) Reserve Trust (respondent) Representation: Counsel:

Applicant in person MW Maconachie (respondent)