The Court refused to vacate a final hearing date set eight months earlier, notwithstanding the plaintiffs' claim that their former solicitor had failed to properly prepare evidence on significant heads of damage including holding costs and lost rent. The Court held that alleged deficiencies in a party's own legal representation, while potentially grounding a claim against the former solicitor, do not without more justify vacating a hearing to the prejudice of an opposing party who has conducted the litigation without fault. The Court applied the heavy burden on applicants seeking vacation shortly before hearing, as articulated in Tin-Tagel Majikk Pty Ltd v Hockey [2026] NSWCA 26 and the line of authority from Dekkan v Picciau [2008] NSWCA 18.
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