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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.
It has been suggested by Mr Mahony that the matter be stood over generally,
but the Court does not make orders of that kind except in very special
circumstances.
It would be sufficient, I think, if the matter was stood over, say, for another
three months. Is that convenient to the parties? RAJSKI: Yes. MAHONY: Yes,
your Honour.
Mahoney JA: The matter will be stood over for a period of three months to 21
September 1992, with liberty reserved to each party to apply on seven days notice
in the event of circumstances arising which would warrant the matter being
brought to the Court in the meantime.
The costs of today will be reserved.
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