CRACKIN' SNACK PTY. LTD. v GAMEKING AUSTRALIA PTY LTD [2024] NSWDC 50

District Court New South Wales

Medium Neutral Citation: CRACKIN' SNACK PTY. LTD. v GAMEKING AUSTRALIA PTY LTD [2024] NSWDC 50 Hearing dates: 13 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The Notice of Motion filed 7 February 2024 is dismissed. (2) The plaintiffs are to pay the defendants' costs of the Notice of Motion as agreed or assessed, (3) The hearing date before Gibb DCJ of the Notices of Motion filed 3 November 2023 and 24 January 2024 of 26 February 2024 is confirmed. Catchwords: PRACTICE AND PROCEDURE – stay – whether notices of motion including one to vary a costs order should be stayed due to allegation of bias against the trial judge – desirability of costs order being determined by the trial judge rather than Court of Appeal Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Crackin' Snack Pty. Ltd. (First Plaintiff) Simon Hall (Second Plaintiff) Gameking Australia Pty Ltd (First Defendant) Darren John Brown (Second Defendant) Linda Sharon Brown (Third Defendant) Representation: Counsel: Mr E Young (First, Second and Third Defendants)

Solicitors: Mr S J Hall (Director) (with leave) (First Plaintiff) In Person (Second Plaintiff) MC Lawyers (First, Second and Third Defendants) File Number(s): 2022/00089782 Publication restriction: No