El-Saeidy v NSW Land & Housing Corporation (No 4) [2013] NSWSC 1554

Supreme Court New South Wales

Medium Neutral Citation: El-Saeidy v NSW Land & Housing Corporation (No 4) [2013] NSWSC 1554 Hearing dates: 17/10/2013 Decision date: 28 October 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff's notices of motion filed 31 July 2013 and 17 October 2013 are dismissed. The Court makes declarations that: (2) The defendant has complied with the orders of the Court made on 9 August 2011. (3) The defendant has complied with agreement referred to at paragraph 3 of the Judgment of 9 August 2011 at (b), (c) and (e). The Court further orders that: (4) The plaintiff and his family are to move back into XX XXXXXX XXXX, Villawood within 28 days; and (5) In the event the plaintiff does not comply with (4) above, the defendant is relieved from compliance with Order 3 made on 12 December 2011 by consent, and Order 4 made on 28 August 2012 by consent. (6) The plaintiff is to pay the defendants costs as agreed or assessed. Catchwords: PROCEDURE - application for the review of registrar's decision - application to vacate hearing date - application for extension of time to file evidence

PROCEDURE - judgments and orders - in general - whether previous orders of the court have been complied with - whether the defendant has carried out remedial work Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: El-Saeidy v NSW Land & Housing Corporation [2012] NSWSC 876 Tomko v Palasty (No 2) [2007] NSWCA 369 Category: Consequential orders Parties: Fawzi El-Saeidy (Plaintiff) NSW Land & Housing (Defendant) Representation: Counsel: D Hawkins (Plaintiff) E Elbourne (Defendant) Solicitors: JK Solicitors (Plaintiff) McCabes Lawyers (Defendant) File Number(s): 2009/294748 Publication restriction: Nil