Mears v Sydney Anglican Schools (No.2) [2013] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Mears v Sydney Anglican Schools (No.2) [2013] NSWSC 876 Hearing dates: 26/06/2013 Decision date: 26 June 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Appeal allowed; (2) Respondent to pay the appellant's costs of the proceeding in this court; (3) Dispense with the need for compliance with the Uniform Civil Procedure Rules, and grant leave to the appellants to move orally for orders with respect to the transfer of proceedings; (4) Order that pursuant to s 140(1) of the Civil Procedures Act 2005 that proceedings number 2007/308335 in the Local Court of New South Wales be, and hereby are, transferred to the Supreme Court; (5) Order that in those proceedings, the judgment entered on 1 August 2011 and each of the orders made on that day in the Local Court be set aside; (6) Order that the proceedings be reheard; (7) Order that the costs of the Local Court proceedings up to and including 13 October 2008 are to abide the determination of the judicial officer undertaking the rehearing; (8) Order that the costs of the appellants, if any, of the Local Court proceedings between 14 October 2008 and 1 August 2011 be paid by the respondent; (9) Order that the Registrar of the Supreme Court is to return to the appellants the sum paid into the Supreme Court by the appellants pursuant to order 5 of the orders made by Magistrate Favretto, dated 1 August 2011; (10) Order, pursuant to section 146(1) of the Civil Procedure Act 2005, that the whole of the Local Court proceedings which have been removed into this court be transferred to the District Court of New South Wales. This order is stayed until further order; (11) Pursuant to s 26 of the Civil Procedure Act, refer the whole of the proceedings in this court, including the Local Court proceedings, for mediation by a court appointed mediator. (12) Direct that the parties attend upon the Registrar of the court to obtain the earliest convenient date for such mediation; (13) Stand the proceedings over for further directions to 31 July 2013 at 9.30am so that the parties can report back with respect to the result of the mediation; (14) Order that there be liberty to apply on 48 hours' notice. (15) In the Local Court proceedings, for the avoidance of doubt, order that the cross-claim filed by Mr and Mrs Mears on 29 September 2008 be, and hereby is, reinstated. Catchwords: COSTS - Appeal from Local Court upheld - referral to Pro Bono Panel - application of r 7.41 of Uniform Civil Procedure Rules - costs follow the event - no point of principle Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Mears v Sydney Anglican Schools Corporation [2013] NSWSC 535 Category: Principal judgment Parties: Grant Mears (A1) Gloria Mears (A2) Sydney Anglican Schools Corporation (R) Representation: Counsel: G. Curtin SC (A1 & A2) F.F.F. Salama (R) Solicitors: In Person (A1 & A2) Heidtmans Lawyers (R) File Number(s): 2011/301412 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-08-01 00:00:00 Before: Magistrate Favretto File Number(s): 2007/308335