Aboriginal Housing Company Ltd v Kaye-Engel (No. 5) [2015] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: Aboriginal Housing Company Ltd v Kaye-Engel (No. 5) [2015] NSWSC 39 Hearing dates: 10 February 2015 Date of orders: 10 February 2015 Decision date: 10 February 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Defendant's Notice of Motion dated 6 February 2015 is dismissed. 2. Hearing dates commencing 23 February 2015 confirmed. 3. Defendant granted leave to serve her affidavit dated 19 December 2014 such affidavit to be served on Plaintiff by close of business on 10 February 2015. 4. Vary the Usual Order for Hearing to permit the Court book to be filed 5 days before hearing. Plaintiff granted leave to file its own court book if there is difficulty filing a joint court book. 5. Vary the Usual Order for Hearing to permit the Plaintiff to file its own Statement of Issues in lieu of a Joint Statement of Issues.. 6. Liberty to apply to Davies J on 2 days' notice up to 23 February 2015. Catchwords: PROCEDURE – application by Defendant to vacate hearing date – Defendant seeks Legal Aid - application by unrepresented party for leave to issue subpoenas – failure of Defendant to comply with orders – no basis shown for subpoenas to issue – Defendant received previous pro bono assistance – applications refused Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aboriginal Housing Company Ltd v Kaye-Engel [2013] NSWSC 1906 Aboriginal Housing Company Ltd v Kaye-Engel (No.2) [2014] NSWSC 717 Category: Procedural and other rulings Parties: Aboriginal Housing Company Ltd (Plaintiff) Natalie Kaye-Engel (Defendant) Representation: Counsel: A Scotting (Plaintiff) In person (Defendant)