Johnston v The Greens NSW Incorporated [2020] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Johnston v The Greens NSW Incorporated [2020] NSWCA 189 Hearing dates: 21 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Before: Basten JA, Simpson AJA Decision: (1) Vacate the hearing of the application for leave to appeal. (2) Direct that if the matter is not discontinued within 28 days, the applicant shall notify the Registrar as to the status of the proceedings. (3) Give leave to each active party to list the matter before the Registrar for further directions on five working days' notice to the other active parties. (4) Otherwise dismiss the amended notice of motion. (5) No order as to the costs of today. Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – settlement agreement – outstanding issue as to the parties to the agreement – whether proceeding to be discontinued wholly or in part – application to vacate hearing of leave application – costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.1; 51.56 Category: Procedural and other rulings Parties: Daryl Lindsay Johnston (Applicant) The Greens NSW Incorporated (First Respondent) Christopher Maltby (Second Respondent) Amalina Wallace (Third Respondent) David Shoebridge (Fourth Respondent) Abigail Boyd (Fifth Respondent) Dawn Walker (Sixth Respondent) Riki Scanlan (Seventh Respondent) David Mallard (Eighth Respondent) Christopher David Harris (Ninth Respondent) Representation: Counsel: Ms R Mansted (Fourth and Fifth Respondents)