Maria Di Gregorio and anor v Magistrate Susan McIntyre and Ors [2022] NSWSC 850

Supreme Court New South Wales

Medium Neutral Citation: Maria Di Gregorio and anor v Magistrate Susan McIntyre and Ors [2022] NSWSC 850 Hearing dates: 23 June 2022 Date of orders: 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) Order 3 made by the Registrar on 21 June 2022 is further varied by requiring the plaintiffs to file and serve all remaining evidence and written submissions by 5pm on 27 June 2022. (2) If there is compliance by the plaintiffs with order 1, the defendants/respondents are to file and serve all evidence and written submissions by 4pm on 4 July 2022. (3) If there is no compliance by the plaintiffs with order 1, the notice of motion of 24 May 2022 shall be dismissed, the hearing date shall be vacated, and an order made that the plaintiffs pay the costs of the defendants of that motion forthwith. (4) In the event that the motion proceeds to hearing on 6 July 2022, the parties are to prepare a joint court book containing all evidentiary and related material two copies of which are to be delivered to the chambers of the judge who is to hear the matter no later than 12 noon on 5 July 2022. (5) The plaintiffs are to pay the costs of the defendants/respondents today's notice of motion, together with the costs of the proceedings before me on 22 June 2022, on the usual basis such costs to be payable forthwith. Catchwords: PRACTICE AND PROCEDURE – Making of orders facilitating hearing – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: Maria Di Gregorio – First Plaintiff Shivesh Kuksal – Second Plaintiff Magistrate Susan McIntyre – First Defendant Associate Justice Joanne Harrison – Second Defendant Lumi Finance Pty Ltd – Third Defendant Representation: Counsel: P Ansell – First Plaintiff Self-represented – Second Plaintiff D Birch – First Defendant D Birch – Second Defendant P Afshar – Third Defendant