Australia and New Zealand Banking Group Ltd v Mahaffy [2012] NSWDC 233

District Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Mahaffy [2012] NSWDC 233 Hearing dates: 16 November 2012 Decision date: 16 November 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: Upon the undertaking of the plaintiff, by its counsel to take all available steps to have Federal Magistrates' Court proceedings SYG 1873/2012 adjourned until after the defendants' motion filed on 5 November 2012 is determined, the Court orders: (1) The defendants' notice of motion filed 5 November 2012 is adjourned to 30 November 2012. (2) The Court will publish an outline of the circumstances in which the adjournment was granted. (3) The defendants to serve on the solicitors for the plaintiff and lodge with the Associate to Judge Gibson a draft defence and cross-claim on which the defendants intend to rely by 23 November 2012. (4) Costs of today reserved. Catchwords: PRACTICE AND PROCEDURE - application to set aside judgment - applicant a litigant in person - orders for summary judgment and dismissal of cross-claim by Judicial Registrar - reasons for decision unavailable - application for adjournment granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2) Cases Cited: Althaus v Australian Meat Holdings Pty Ltd [2009] QCA 221 Bar-Mordecai v Attorney General (NSW) [2012] NSWCA 207 Dillon v Boland; Dillon v Cush [2012] NSWCA 364 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Mbuzi v Hall [2010] QSC 359 Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344 Ross v Hallam [2011] QCA 92 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: Australia and New Zealand Banking Group Ltd First Defendant: David Bruce Mahaffy Second Defendant: D B Mahaffy & Associates Pty Ltd Representation: Plaintiff: Mr C D Wood Defendants: Mr D B Mahaffy (in person) Plaintiff: Minter Ellison Defendants: Mr D B Mahaffy (in person) File Number(s): 2011/298755 Publication restriction: None