Beveridge v Hellquist

In *Beveridge v Hellquist*, the appellant, Mr Beveridge, sought to set aside appeal proceedings due to alleged procedural irregularities, specifically his failure to file submissions. The matter came before Emmett JA.

The primary legal issue before the court was whether the appeal proceedings should be set aside under section 63(3) of the *Civil Procedure Act 2005* (NSW) due to the appellant's non-compliance with procedural requirements, including the filing of submissions.

Emmett JA determined that the appeal proceedings should be set aside, subject to certain conditions. The court ordered that the proceedings would be set aside unless, by Friday, 13 March 2015, an appearance by a legal representative was filed on behalf of Mr Beveridge and that representative appeared at a directions hearing scheduled for Monday, 16 March 2015. If these conditions were met, the order setting aside the proceedings would be stayed and subsequently rescinded. If the conditions were not satisfied, the hearing of the notice of motion would proceed on 30 March 2015, with specific deadlines set for the filing and service of affidavits and written submissions by both parties.