Cathy Joy McAuliffe v Commonwealth of Australia [2007] NSWSC 178

New South Wales Supreme Court

CITATION : Cathy Joy McAuliffe v Commonwealth of Australia [2007] NSWSC 178

HEARING DATE(S) : 05/03/07 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 5 March 2007

DECISION : Hearing dates vacated. Plaintiffs to pay indemnity costs of and occasioned by vacated hearing.

CATCHWORDS : Practice and Procedure - Commercial List - Vacation of final hearing dates - Costs - Indemnity costs

LEGISLATION CITED : Civil Procedure Act 2005 (NSW)

Cathy Joy McAuliffe (First Plaintiff) PARTIES : Michael John McAuliffe (Second Plaintiff) Commonwealth of Australia (Defendant)

FILE NUMBER(S) : SC 50150/04

COUNSEL : Mr R Newell (Plaintiffs) Mr J Stevenson SC, Mr E Muston (Defendant)

SOLICITORS : Robert Tricca & Associates (Plaintiffs) Minter Ellison (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Monday 5 March 2007 ex tempore Revised 6 March 2007

50150/04 Cathy Joy McAuliffe v Commonwealth of Australia JUDGMENT

AM 1 These proceedings have some history, having been commenced in late 2004. The final hearing was fixed on 4 August 2006 to commence today. 2 It is unnecessary to repeat the record. Suffice it to say that the proceedings are brought by the plaintiffs against the Commonwealth of Australia. 3 The plaintiffs seek to recover damages by reason of the wrongful termination of a contract between the parties for the provision of dog training services by the plaintiffs to the defendant. 4 An important development in relation to this litigation was the 15 December 2006 statement of the defendant's position on liability whereunder the following appears: