NSW Caselaw
New South Wales Supreme Court
CITATION : Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 3) [2009] NSWSC 1243
HEARING DATE(S) : 13/11/2009
JUDGMENT DATE : 23 November 2009
JUDGMENT OF : Hoeben J
DECISION : Application of plaintiffs granted. Plaintiffs to pay costs of application and 80 percent of defendants' costs previously incurred.
CATCHWORDS : PRACTICE AND PROCEDURE - matter being case managed - no hearing date yet allocated - application by plaintiff to adduce further expert and lay evidence - effect of application would be to substantially change evidentiary basis for proceedings - if application successful most of preparation previously performed by defendants would be wasted - likelihood of further substantial delay before case ready for hearing - application of Civil Procedure Act 2005 (CPA) - exercise of discretion under s 58 CPA - balancing competing factors - application granted - need for substantial costs order.
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 CASES CITED : Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors [2008] NSWSC 290 Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 2) [2008] NSWSC 1056
George Chaina - Second Plaintiff Rita Chaina - Third Plaintiff Proton Technology Pty Limited - Fourth Plaintiff Deluxe Chemicals Pty Limited - Fifth Plaintiff The Presbyterian Church (New SouthWales) Property Trust - First Defendant Robert Iles - Second Defendant Christine Alexander - Third Defendant Gordon Black - Fourth Defendant Ewen Brown - Fifth Defendant PARTIES : Richard Bull - Sixth Defendant Bruce Christian - Seventh Defendant Simon Fraser - Eighth Defendant Roy Johnston - Ninth Defendant William McLaren - Eleventh Defendant Philip Mitchell - Twelfth Defendant Tony Pfeiffer - Thirteenth Defendant Robert Richards - Fourteenth Defendant Harry Taylor - Fifteenth Defendant Peter Wolnizer - Sixteenth Defendant
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