Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 705 Hearing dates: 23 May 2014 Decision date: 23 May 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Application for stay of proceedings dismissed. Leave to seek further or supplementary discovery denied. Catchwords: STAY OF PROCEEDINGS - Whether Plaintiffs' application for stay of proceedings should be granted and hearing dates vacated pending appeal to the Court of Appeal regarding earlier decision of Ball J to strike out plaintiffs' replies to defences of the third and fourth defendants, reserved judgement of the High Court of Australia in Williams Case No 2, and resolution of alleged insufficient discovery by defendants. FORM OF REPLY - Whether a reply must be responsive to pleadings. DISCOVERY - Whether affidavit of discovery is to be accepted as conclusive proof of full compliance with discovery orders. Legislation Cited: Judicature Act 1873 (UK) Civil Procedure Act 2005 (NSW) s 56, s 57, s 58, s 59 Uniform Civil Procedure Rules 2005 (NSW) Pt 4, r 14.14, r 51.44 Cases Cited: Lyell v Kennedy (1884) 27 ChD 1 Dai v Zhu [2013] NSWCA 412 Fruehauf Finance Corp Pty Ltd v Zurich Australian Insurance Ltd (1990) 20 NSWLR 359 Category: Procedural and other rulings Parties: Hoxton Park Residents Action Group Inc (first plaintiff) Marella Harris (second plaintiff) Liverpool City Council (first defendant) Malek Fahd Islamic School Limited (second defendant) Australian Federation of Islamic Councils Inc (third defendant) State of New South Wales (fourth defendant) Commonwealth of Australia (fifth defendant) Representation: Counsel: Mr P King (first and second plaintiff) No appearance (first defendant) Ms E Glover (second and third defendant) Mr H El Hage (fourth defendant) Mr S Free (fifth defendant) Solicitors: Robert Balzola and Associates (first and second plaintiff) No appearance (first defendant) Goldrick Farrell Mullan (second and third defendant) Crown Solicitor (fourth defendant) Australian Government Solicitor (fifth defendant) File Number(s): 2009/00289796 Publication restriction: None