EG v DG [2024] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: EG v DG [2024] NSWSC 20 Hearing dates: 30 January 2024 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Equity - Protective List Before: Elkaim AJ Decision: 1. Leave is granted to EG to file a Notice of Discontinuance. 2. The Notice of Discontinuance is on the following terms: (a) upon an undertaking from Mr Joerg Schmidt-Liermann to refrain from acting for EG in proceeding 2023/00177002 in a manner other than in the filing of a submitting appearance; (b) the Notice of Motion filed by DG on 3 October 2023 is dismissed; and (c) DG's Notice to Produce filed on 24 January 2024 is set aside; 3. EG is to pay DG's costs as agreed or assessed up to and including 24 January 2024. 4. DG is to pay EG's and JM's costs from 25 January 2024 up to and including today's hearing as agreed or assessed. 5. EG is to inform the second defendant, the NSW Trustee and Guardian, of these orders within seven days. Catchwords: CIVIL PROCEDURE – Discontinuance of proceedings – Leave of court – Terms on which proceedings discontinued. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.1 Category: Procedural rulings Parties: EG (Plaintiff) DG (First Defendant) NSW Trustee and Guardian (Second Defendant) JM (Third Defendant) Representation: Counsel: Mr T Weller-Wong (Plaintiff) Mr O Jones (Third Defendant)