NSW Caselaw
New South Wales Supreme Court
CITATION : Bailey v Bailey [2009] NSWSC 1048
HEARING DATE(S) : 25 September 2009 JURISDICTION : Equity Division
JUDGMENT OF : Rein J
EX TEMPORE JUDGMENT DATE : 25 September 2009
DECISION : Application to vacate the hearing date refused.
CATCHWORDS : PROCEDURE – application to vacate hearing date – whether or not plaintiffs are prejudiced by their decision to change solicitors and counsel – consideration of objects of Civil Procedure Act 2005 and the dictates of justice – application for order for mediation – mediation not opposed by defendants on the condition that it does not result in vacation of the hearing date
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Aon Risk Services Australia Pty Ltd v Australian National University [2009] HCA 27 Coric v Grotto [2007] NSWSC 1080 CASES CITED : Deangrove Pty Ltd v Commonwealth Bank of Australia [2002] FCA 1352 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Higgins v Higgins [2002] NSWSC 455
Bruce Clyde Bailey (first plaintiff) Janet Beatrice Shafik Bailey (second plaintiff) PARTIES : Arnold Neil Bailey (first defendant) Glenice Margaret Bailey (second defendant) Annette Mavis Bailey (third defendant)
FILE NUMBER(S) : SC 2313/02
Mr P King (plaintiffs) COUNSEL : Mr P Castley (first defendant) Mr M Pesman (second and third defendants)
Hicksons Lawyers (plaintiffs) SOLICITORS : Mr Castley by direct access (first defendant) Australegal (second and third defendants)
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