Recent Cases

Franks v Cameron [2024] NSWCA 56 (15 March 2024) (Leeming, Adamson and Stern JJA)


Catchwords:


PROCEDURE – dismissal for default – summons seeking appointment of trustees for sale of co-owned land – cross-claim seeking orders that defendant/cross-claimant was sole owner – cross-claimant did not appear at hearing – formal application for adjournment based on loss of legal representation, not being supplied with documents and psychiatric injury – informal application on morning of hearing based on cross-claim suffering cardiac episode – primary judge permitted cross-claimant to establish extenuating circumstances to justify adjournment – following subsequent contested hearing, primary judge not satisfied extenuating circumstances established – cross-claim dismissed and trustees for sale appointed – whether appeal as of right – nature of appeal – whether primary judge erred in not being satisfied