Charlton v National Australia Bank Ltd

The Court of Appeal of New South Wales considered an application by the first appellant to vacate hearing dates previously set for 26 and 27 November 2020 in proceedings between Charlton and National Australia Bank Ltd. The application was opposed by the respondent.

The primary legal issue before the Court was whether the first appellant had demonstrated sufficient grounds to justify vacating the scheduled hearing dates. This involved an assessment of the reasons provided by the appellant for seeking the adjournment and whether those reasons met the threshold for such an order, particularly in the absence of any question of principle being raised.

Meagher JA dismissed the first appellant's application to vacate the hearing dates, finding that no adequate justification had been presented. The Court ordered the first appellant to pay the costs of the application. Additionally, the Court amended a prior direction, requiring the respondent to serve the electronic and agreed hard copy appeal book by 6 November 2020.