Abela v Chevalier College [2024] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: Abela v Chevalier College [2024] NSWSC 50 Hearing dates: 2 February 2024 Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Common Law Before: Griffiths AJ Decision: (1) Under s 26 of the Civil Procedure Act 2005 (NSW), the matter be referred to mediation. The half-day mediation will take place before a Registrar of the Court commencing 2pm on 20 March 2024. (2) On or before 16 February 2024 the plaintiff provide to the mediator and serve on the defendant a short statement not exceeding 2 pages of the plaintiff's position relating to the debt for unpaid school fees which is in dispute and the subject of the default judgments granted by the Local Court on 27 November 2020. (3) On or before 1 March 2024 the defendant provide to the mediator and serve on the plaintiff a similar statement noted in (2) relating to the position regarding the disputed debt. (4) The hearing listed for 5 February 2024 is vacated. (5) The notice of motion filed on 29 January 2024 is dismissed, with no order made as to costs. (6) The parties have leave to contact the Associate to Griffiths AJ regarding the outcome of the mediation of 20 March 2024. (7) The matter to return for directions before Griffiths AJ at 9.30am on 22 March 2024 if the mediation is unsuccessful. (8) If the mediation is successful, the parties have leave to provide short minutes of order by consent, and final orders will be made in Chambers. Catchwords: CIVIL PROCEDURE – Adjournment application – proposals to appoint tutor and retain legal representation – unnecessary to decide CIVIL PROCEDURE – Alternate dispute resolution – Referral to mediation Legislation Cited: Civil Procedure Act 2005 (NSW) s 26 Category: Procedural rulings Parties: Michael Joseph Abela (Plaintiff) Chevalier College (Defendant) Representation: Counsel: M J Abela (Litigant in Person) P A Horobin (Defendant)