Johnson v Calvo (No 2)

In *Johnson v Calvo (No 2)*, Ms Johnson applied to the Court of Appeal of New South Wales to vacate a hearing date. The respondent was Ellimark.

The primary legal issue before the court was whether Ms Johnson had demonstrated a sound basis for vacating the scheduled hearing.

Leeming JA dismissed the application, finding that no sound basis had been demonstrated to justify vacating the hearing. The court applied the principle that applications to vacate hearing dates require a substantial and compelling reason, which was not established in this instance.

Consequently, Ms Johnson's notice of motion was dismissed, and she was ordered to pay Ellimark's costs of and occasioned by the motion.