Sommer v C Pty Ltd (No.6)

In *Sommer v C Pty Ltd (No.6)*, heard by Judge Manousaridis, the applicant sought to vacate a hearing scheduled for 14 and 15 October 2020. The respondent had filed an application for leave to appeal against earlier orders made by the court.

The central legal issue before the court was whether the hearing should be vacated in light of the respondent's pending applications for leave to appeal. This required the court to consider the implications of the respondent's appellate proceedings on the ongoing litigation.

Judge Manousaridis reasoned that it was appropriate to vacate the hearing, provided the respondent diligently pursued its applications for an extension of time to apply for leave to appeal the orders of 7 August 2020, and its application for leave to appeal the orders of 18 September 2020. The court's decision was contingent on the respondent's commitment to advancing these appellate matters.

Consequently, the court ordered that the hearing scheduled for 14 and 15 October 2020 be vacated, subject to the respondent's due diligence in pursuing its applications for leave to appeal.