Drive My Car Rentals Pty Ltd v Gabriel [2020] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Drive My Car Rentals Pty Ltd v Gabriel [2020] NSWCA 194 Hearing dates: 24 August 2020 Date of orders: 24 August 2020 Decision date: 24 August 2020 Before: Gleeson JA Decision: (1) Set aside the orders made by the Registrar on 20 July 2020. (2) Direct a concurrent hearing of the summons for leave to appeal, and appeal, if leave be granted. (3) Refuse applicant's application for a stay of the proceedings in this Court. (4) Stand over matter before the Registrar on 12 October 2020 with a view to fixing a hearing date with respect to a concurrent hearing. (5) No order as to costs. Catchwords: PRACTICE AND PROCEDURE – application to set aside orders of Registrar fixing concurrent hearing of leave to appeal and appeal itself – where proceedings still on foot in Common Law Division – related application to stay appeal proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 22, 59, 60, 98 Supreme Court Act 1970 (NSW), s 101(2)(r)(i) Cases Cited: Gabriel v Grech (No 3) [2020] NSWSC 218 Category: Procedural and other rulings Parties: Drive My Car Rentals Pty Ltd (Applicant) Joseph Gabriel (First respondent) Mark Gabriel (Second respondent) Representation: Counsel: Mr M Ashhurst SC (Applicant) Mr S Baron Levi (Respondents)

Solicitors: Clancy Lawyers Pty Ltd (Applicant) William Roberts Lawyers (Respondents) File Number(s): 2020/105960 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Civil Citation: [2020] NSWSC 218 Date of Decision: 11 March 2020 Before: Adamson J File Number(s): 2017/273635