De Varda and Tov-Lev v The Board of Directors of The Strathfield and District Hebrew Congregation Ltd & Anor [2012] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: De Varda and Tov-Lev v The Board of Directors of The Strathfield and District Hebrew Congregation Ltd & Anor [2012] NSWSC 1377 Hearing dates: 2 and 8 November 2012 Decision date: 15 November 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Second Further Amended Summons and Second Further Amended Statement of Claim filed 6 November 2012 struck out. Notice of Motion filed 11 October dismissed. Parties to serve and send to Associate to Black J their respective draft orders in respect of costs and short submissions limited to 6 pages in respect of costs within 7 days. Matter listed for judgment as to costs at 10am on 28 November 2012. Catchwords: PRACTICE AND PROCEDURE - Extension of time - Application for extension of time for compliance with previous orders made in proceedings - Application for leave to file Further Amended Summons and Further Amended Statement of Claim - Application for stay of previous costs orders until determination of proceedings - Whether applications should be granted in circumstances where proceedings have been dismissed. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 56-58, 57, 58, 58(2), 91, 98 - Consumer, Traer and Tenancy Tribunal Act 2001 (NSW) s 68 - Uniform Civil Procedure Rules 2005 (NSW) Pt 12 r 10, rr 1.12, 13.4, 13.4(1) - Vexatious Proceedings Act 2008 (NSW) Cases Cited: - Allianz Australia Insurance Ltd v Bluescope Steel Ltd [2012] NSWCA 240 - Bailey v Marinoff [1971] HCA 49; 125 CLR 529 - Briginshaw v Briginshaw (1938) 60 CLR 336 - Bowen v Hickey (1958) 78 WN (NSW) 820 - FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) HCA 13; 165 CLR 268 - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 - Idoport Pty Ltd v National Australia Bank Ltd [2006] NSWCA 202 - Milne v Attorney-General (Tasmania) (1956) 95 CLR 460 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Phillip Morris Ltd v Attorney-General (Vic) [2006] VSCA 21 - Rogers v The Queen (1994) 181 CLR 251 - Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 11 FCR 229 - Seiwa Australia Pty Ltd v Seeto Financial Services Pty Ltd (No 2) [2010] NSWSC 118 - Seltsam Pty Ltd v Energy Australia [1999] NSWCA 89 - Sirius Shipping Corporation v The Ship Sunrise & Ors [2007] NSWSC 766 - Skywak v Visnic [No 2] [2010] NSWSC 374 Category: Interlocutory applications Parties: Mr J. de Varda (First Plaintiff) Rabbi Dr S. Tov-Lev (Second Plaintiff) The Board of Directors of The Strathfield and District Hebrew Congregation Ltd comprising of 9 members (First Defendant) John Joseph Lowbeer (Second Defendant) The Strathfield and District Hebrew Congregation Limited (Third Defendant) Representation: Counsel: J. Needham SC (First and Third Defendants, mentioned Second Defendant) Solicitors: Mr J. de Varda (in person - First Plaintiff) Rabbi Dr. S. Tov-Lev (in person - Second Plaintiff) David Austin (First and Third Defendants - mentioned Second Defendant) File Number(s): 11/212996