Loureiro v Mac Aus Unit Pty Ltd [2021] NSWSC 925

Supreme Court New South Wales

Medium Neutral Citation: Loureiro v Mac Aus Unit Pty Ltd [2021] NSWSC 925 Hearing dates: 28 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Dismiss the first defendant's motions filed 15 July 2021 and 16 July 2021. (2) Direct the plaintiffs, by no later than 27 August 2021, to file and serve all evidence, both lay and expert, upon which they intend to rely. (3) Direct the defendants, by no later than 8 October 2021, to file and serve all evidence, both lay and expert, upon which they intend to rely. (4) Order that the proceedings be expedited. (5) Grant liberty to the parties forthwith to approach the List Manager with a view to obtaining an expedited date for the hearing of the proceedings. (6) Order that the costs of the first defendant's motions be the costs in the proceedings. (7) Confirm that the proceedings are listed before the Registrar for pre-trial directions on 15 October 2021. Catchwords: EXPEDITION – funds in court – application for expedition of motion seeking payment out – no present entitlement to funds, paid into court as security for plaintiffs' claims – where delays caused by plaintiffs' failure to file evidence – where first defendant liable to suffer hardship if funds not released – expedite proceedings so as to bring forward competing claims Category: Procedural rulings Parties: Carlos Jose Luis Loureiro (First Plaintiff) Claudio Jose Leal Meireles (Second Plaintiff) Jose Carlos Reis Meireles (Third Plaintiff) Mac Aus Unit Pty Ltd ACN 141 715 700 (First Defendant) Antonio Manuel de Carvalho Conceicao (Second Defendant) Patricia Conceicao (Third Defendant) David Conceicao (Fourth Defendant) Representation: Counsel: E Bartley (Plaintiffs) M Stevens (First Defendant)