Proceedings listed in the NSW Court of Appeal will not be vacated on the basis of an email communication to the Registrar at short notice. Where an application lacks merit on the filed material, it will almost inevitably be disposed of adversely in the absent party's interests. The party may apply under UCPR r 36.16 to set aside such orders, but must do so expeditiously with affidavit evidence and material demonstrating reasonable prospects of success. Purported 'bills of exchange' for nominal consideration do not discharge mortgage debts and defences based on such instruments are without substance.
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