Westpac v Knight Property Investments [2014] QSC 263

The defendant was an elderly gentleman who had mostly represented himself during the course of a trial which commenced in December 2013. Due to considerable ill health, the trail had been dotted through 2014. In this hearing, the son of the gentleman had sent an email to the Court advising that his father was at risk of heart attack, and also required an eye operation, both of which would shortly be attended to.

The Court was concerned over the amount of Court time and costs had been wasted without progress in the proceedings.

The Court therefore held that a “point had been reached where very serious consideration must be given as to whether there is sufficient justification for further adjournment of the trail or its continued conduct in the manner in which it has been conducted in the past”.

The Court therefore made a series of directions that allowed the bank to continue with its proceedings.

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