Abela v Chevalier College (No 2) [2024] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Abela v Chevalier College (No 2) [2024] NSWSC 640 Hearing dates: 29 April 2024 Date of orders: 29 April 2024 Decision date: 29 April 2024 Jurisdiction: Common Law Before: Griffiths AJ Decision: 1. The hearing listed on 2 May 2024 is vacated. 2. The plaintiff is to bear the defendant's costs thrown away. 3. The plaintiff is to provide to the defendant a schedule of documents currently in his possession by close of business 30 April 2024. 4. The defendant is to provide to the plaintiff, electronically, any documents served and/or relied upon by the defendant in the proceedings that are not, to the defendant's knowledge, currently in the plaintiff's possession, by close of business 6 May 2024. 5. A consent to act as tutor appointing Matthew Abela as the plaintiff's tutor and a certificate signed by the plaintiff's solicitor, pursuant to r 7.16 of the Uniform Civil Procedure Rules 2005 (NSW), are to be filed and served by 7 May 2024. 6. The plaintiff is to file and serve an amended summons by close of business 7 May 2024. 7. The plaintiff is to file and serve any additional affidavit evidence he wishes to rely upon by close of business 10 May 2024. 8. The plaintiff is to file and serve an outline of written submissions by close of business 17 May 2024. 9. The defendant is to file and serve an outline of written submissions by close of business 31 May 2024. 10. The defendant is to file and serve any additional affidavit evidence it wishes to rely upon by close of business 31 May 2024. 11. The matter is listed for hearing with an estimate of one day on 3 June 2024 at 10.00am before Griffiths AJ. 12. The Court grants leave for the defendant to approach the Associate of Griffiths AJ with an alternate appropriate hearing date which is as close to 3 June 2024 as possible and is a date that suits the plaintiff's counsel, Mr Carrigan. 13. The plaintiff is to provide a copy of these short minutes of order via email to the defendant by no later than 5pm today. Catchwords: CIVIL PROCEDURE – adjournment application – where mediation unsuccessful – where applicant experiencing health problems Legislation Cited: Uniform Civil Procedure Rules, r 7.16(b) Cases Cited: Abela v Chevalier College [2024] NSWSC 50 Category: Procedural rulings Parties: Michael Joseph Abela (Applicant) Chevalier College (Respondent) Representation: Counsel: A Carrigan (ex parte)