Question
Hans Pet Constructions Pty Ltd v Cassar [2005] NSWCA 230 Allegation: Cassars did faulty work on tiling job Judge gives directions to Hans Pet to
Hans Pet Constructions Pty Ltd v Cassar [2005] NSWCA 230
Allegation: Cassars did faulty work on tiling job
Judge gives directions to Hans Pet to deliver particulars by a certain date - Hans Pet does not comply with direction on time, but does deliver 6 weeks before hearing
Cassars complain that there is not enough time to review - Seek to vacate hearing date
Magistrate advises that issue will be taken up at scheduled hearing
At hearing, Magistrate finds that Cassars did not file notice of motion to vacate hearing date and vacates Cassars'defences
What principles are involved here and how is the NSWCAlikely to find?
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