Grustein v Hasapaki

Land and Environment Court New South Wales Medium Neutral Citation: Grustein v Hasapaki [2014] NSWLEC 173 Hearing dates:29 October 2014Decision date: 29 October 2014 Jurisdiction:Class 3Before: Biscoe J Decision: Application to adjourn the hearing refused Catchwords: PRACTICE AND PROCEDURE - application to adjourn hearing Category:Procedural and other rulingsParties: Evangelina Grustein (Applicant) Katina Hasapaki (Respondent) Representation: COUNSEL: K Gourlie, solicitor (Applicant) R Gration (Respondent) SOLICITORS: Watson & Watson (Applicant) GA Lawyers (Respondent) File Number(s):30665/04 EX TEMPORE JudgmentThis is a contested application to adjourn a hearing. When the contempt charge brought by the respondent against the applicant for disobeying a Court order to transfer an easement to the respondent was called on for hearing this morning, the applicant by her solicitor applied for an adjournment. The applicant is not present in person. The solicitor's firm was instructed by the applicant just over two weeks ago on 13 October 2014 and the matter was assigned to him on 15 October. He applies for an adjournment on the applicant's behalf. The solicitor deposes in an affidavit that the applicant is aged 65 and recently underwent surgery, and that he has not been able to obtain full instructions from her due to her medical condition. There is a medical certificate dated 11 October 2014 certifying that she is unable to attend Court from 11 to 25 October due to medical illness, explaining that she was discharged from hospital after a large abdominal hernia repair and needed post-operatory rest. There is a more recent medical certificate...