Australian and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited & Ors [2015] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Australian and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited & Ors [2015] NSWSC 438 Hearing dates: 14 April 2015 Date of orders: 14 April 2015 Decision date: 14 April 2015 Jurisdiction: Common Law Before: Bellew J Decision: The notice of motion filed on 31 March 2015 is dismissed. The hearing date of 20 and 21 April 2015 is confirmed. I order that the third defendant pay the costs of the plaintiff and the second defendant of the notice of motion as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application to vacate hearing date based upon asserted need for expert report – Where orders previously made for the filing of evidence – Where such orders extended – Where no indication given that any further expert report was being contemplated – Application to vacate the hearing date refused Legislation Cited: Civil Procedure Act 2005 Cases Cited: ANZ v Mio Amico Pty Limited [2013] NSWSC 716 HP Mercantile Pty Limited v Clements [2013] NSWSC 1974 Category: Procedural and other rulings Parties: Australian and New Zealand Banking Group Limited - Plaintiff Adventure Quest Paintball-Skirmish Pty Limited - First defendant Representation: Counsel: Mr C Bannan - Plaintiff Mr T Bors – Second defendant Mr T Holmes – Third defendant/applicant

Solicitors: Kemp Strang Lawyers - Plaintiff Bricknell Legal - Second defendant Herbert Weller Solicitor - Third defendant File Number(s): 2014/65969 Publication restriction: Nil