NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Marshall v Prescott; Marshall v Fleming [2012] NSWSC 188 Hearing dates: 23 February 2012 Decision date: 07 March 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The two motions are dismissed. 2. Unless the parties approach within 7 days to be heard on the question of costs, the Court's order will be that the plaintiffs are to bear the defendants' costs of the motions, as agreed or assessed. Catchwords: PROCEDURE - notices of motion - orders sought to have two sets of proceedings be heard by one judge, one immediately after the other - application opposed - different claims under different laws - New South Wales laws, New York laws and consideration of Pennsylvanian laws - question of delay - motions dismissed - costs Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) Uniform Civil Procedure Rules 2005 Cases Cited: Fleming v Marshall [2011] NSWCA 86 Marshall v Fleming [2010] NSWSC 86 Category: Procedural and other rulings Parties: Matter Number 2009/297404
Margaret Leslie Marshall (First Plaintiff) Kim Neil Marshall (Second Plaintiff) Michael Prescott (Defendant)
Matter Number 2009/292935
Margaret Leslie Marshall (First Plaintiff) Kim Neil Marshall (Second Plaintiff) Francis G Fleming (First Defendant) Marc S Moller (Second Defendant) Steven R Pounian (Third Defendant) James P Kreindler (Fourth Defendant) David C Cook (Fifth Defendant) David Beekman (Sixth Defendant) Bianca I Rodriguez (Seventh Defendant) Noah H Kushlefsky (Eighth Defendant) Robert J Spragg (Ninth Defendant) Brian J Alexander (Tenth Defendant) Justin T Green (Eleventh Defendant) Representation: Counsel: Mr CJ Bevan SC with E Young (Plaintiffs) Ms E Bishop (Defendant in 2009/292935) Mr B McManus (Defendant in 2009/297404) Solicitors: Turner Freeman (Plaintiffs) Colin Biggers & Paisley (Defendants in 2009/292935) Kennedys (Defendants in 2009/297404) File Number(s): 2009/297404 2009/292935
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