Hill & Anor v W & F Lechner Pty Ltd [2006] NSWSC 440

New South Wales Supreme Court

CITATION : Hill & Anor v W & F Lechner Pty Ltd [2006] NSWSC 440

HEARING DATE(S) : 12/05/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 05/12/2006

DECISION : Legal representatives of the defendant ordered to apply to the Registrar for registration of themselves and any person authorised by them as users of the ECM System in terms of the Uniform Civil Procedure Rules 2005, r 3.3 and to inform associate of the identity of such persons by a specified date. Defendant ordered to pay plaintiff's costs on an indemnity basis forthwith upon assessment or agreement.

CATCHWORDS : PROCEDURE - Supreme Court procedure - ECM Courts - Failure of defendant's solicitor to respond to a direction in the ECM Court or to ensure that counsel were registered as users of the ECM System - Appropriate orders in open court

Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Civil Procedure Act 2005 Electronic Transactions Act 2000

PARTIES : Barry Ronald Hill and Dorothy Lillian Hill - Plaintiffs W & F Lechner Pty Ltd - Defendant

FILE NUMBER(S) : SC 1681/05

COUNSEL : Mr McDonlad (Solicitor) Mr P McEwen SC

SOLICITORS : Philip Densham White Solicitor & Barrister Autore & Associates Solictors & Attorneys

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

FRIDAY 12 MAY 2006

1681/05 BARRY RONALD HILL & ANOR v W & F LECHNER PTY LTD EX TEMPORE JUDGMENT 1 It has been necessary to direct the parties to appear before me because of the failure of the solicitor for the defendant to cause counsel for the defendant to become registered as users of the ECM system under the Uniform Civil Procedure Rules 2005, r 3.3 and to notify my Associate so that they can become participants in the ECM court opened in this matter, and because the solicitor for the defendant, who is a participant in the ECM Court, has failed to respond to my direction.