Chaina v Presbyterian Church (NSW) Property Trust (No. 10) [2013] NSWSC 499

Supreme Court New South Wales

Medium Neutral Citation: Chaina v Presbyterian Church (NSW) Property Trust (No. 10) [2013] NSWSC 499 Hearing dates: 6 May 2013 Decision date: 06 May 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. That the Plaintiffs are to file and serve a schedule by witness name, statement date and paragraph number of the evidence in relation to any advance rulings made by the Court on 7 December 2012 which they now seek to be reversed, such schedule to be filed and served on or before 31 May 2013. 2. That the Plaintiffs are to notify the Defendant of any witness listed in the Plaintiffs' proposed order of witnesses contained in the letter dated 26 October 2012 from Berrigan Doube to Curwoods Lawyers upon whom they no longer rely upon on or before 31 May 2013. 3. That the Plaintiffs provide to the Defendant a list of the order of call of their proposed expert witnesses on or before 31 May 2013. Catchwords: PROCEDURE - compulsory mediation - where first mediation unsuccessful - application made after six weeks of hearing - new lawyers for Plaintiffs - application refused Legislation Cited: Civil Procedure Act 2005 Cases Cited: Mallick v McGeown [2008] NSWSC 1107 Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd [2004] NSWSC 1050 Category: Interlocutory applications Parties: Mathew Chaina (First Plaintiff) and ors Presbyterian Church (NSW) Property Trust (First Defendant) and ors Representation: Counsel: S Philips (Plaintiffs) R Stitt QC, G L Turner & H Stitt (Defendants) Solicitors: Blackstone Waterhouse Lawyers (Plaintiffs) Curwoods Lawyers (Defendants) File Number(s): 2002/69354