DOYLES CONSTRUCTION LAWYERS v QUIN & ANOR [2007] NSWSC 478

New South Wales Supreme Court

CITATION : DOYLES CONSTRUCTION LAWYERS v QUIN & ANOR [2007] NSWSC 478

HEARING DATE(S) : Monday 30 April 2007

JUDGMENT DATE : 14 May 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : (1) That the first defendant be granted leave to commence separate proceedings by way of statement of claim against the plaintiff incorporating causes of action sought to have been raised in the cross-claimed marked "A" to the notice of motion (the "new proceedings'). (2) That the parties to bring in a procedural timetable directed to the following matters:- (a) the filing of a defence to proceedings to be commenced by the first defendant by a specified date; (b) discovery and inspection of documents to be given by the plaintiff (the defendant to the new proceedings) by specified dates; (c) that the plaintiff to the new proceedings is to file and serve affidavits and/or witness statements to constitute the evidence in his case in the new proceedings; (d) that the defendant to those proceedings (the plaintiff in the present proceedings) file and serve affidavits and/or witness statements by a specified date; (e) that subpoenas for the production of documents to third parties be issued and returnable by specified dates (3) It is my intention to re-list the proceedings for mention and further directions, on which date I intend to allocate hearing dates as follows:- (a) hearing dates in respect of the new proceedings on dates to be allocated in October or November 2007; (b) that a hearing date be given soon thereafter to the plaintiff's present proceedings. (4) In the event that the new proceedings are determined favourably to the plaintiff to those proceedings (the first defendant in the present proceedings), then it would follow that there would be no requirement for the hearing of the statutory appeal. (5) In the event that the "new proceedings" were unsuccessful, then the statutory appeal would proceed. (6) I reserve for further determination the relief otherwise sought in the amended notice of motion filed on 27 April 2007. (7) I grant leave to the parties to apply to have the matter listed on seven days' notice.