RAJSKI v WOOD AND ORS [1992] NSWCA 197

RAJSKI vy WOOD AND ORS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and Cripps JJA 22 June 1992

[1992] NSWCA 197

Mahoney JA This matter comes before the Court consequent upon orders made by his Honour Kirby P on 3 February 1992.

Without setting forth all the details of what his Honour there did, his Honour set aside a certificate of taxation dated 19 June 1991 in the proceeding, stayed the taxation of costs until further order of the Court of Appeal or a judge of the Court of Appeal and provided (I put the matter generally) for the principal proceedings in which Dr Rajski was concerned to be returned to the Court on 4 May 1992. For reasons that need not be canvassed, the matter is being dealt with not on that date but today.

The parties have indicated to the Court that following the order of his Honour Kirby P on 3 February 1992, the matter came before Rolfe J. He made an order or orders in relation to the sequence in which matters should be dealt with; an application for leave to appeal has been lodged in relation to some of the matters arising out of that.

However, more importantly, as the Court is informed, and I take what I say from what has been put before the Court, an agreement was made on 29 May 1992 for mediation proceedings of various kinds - I am deliberately not touching upon the details of the matter because the Court does not have before it the agreement but is acting upon what has been said from the bar table. The Court is informed that a mediation proceeding has commenced but has not yet been determined and no estimate can be made of the date when it will be determined, if at all.

In all the circumstances, it is appropriate that the matter be stood over further until the appropriate date to await a further report in relation to that matter.