Ramandious v Habashy (No. 2) [2015] NSWDC 146

District Court New South Wales

Medium Neutral Citation: Ramandious v Habashy (No. 2) [2015] NSWDC 146 Hearing dates: 16 April 2015 Date of orders: 16 April 2015 Decision date: 16 April 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to the solicitors for the defendants to withdraw on the basis that they will file a Notice of Ceasing to Act. (2) Grant leave to the plaintiff to rely on the Affidavit of Simon Maxwell of 15 April 2015, and note the contents of the affidavit of Mr Samir Habashy of 15 April 2015. (3) The first defendant's application for a second mediation date following the failure to attend the first mediation date by both defendants is refused. (4) Note the first defendant appeared at 9:30am with Mr Hagen, but has left the court precinct after a short adjournment. The first defendant was called three times outside Court 13D at 10:40am – no appearance. Second defendant does not appear; first defendant advises the second defendant is overseas. (5) Direct the defendants to file their Defence in 21 days. (6) Defer the costs issues raised in my orders of 19 March 2015 until further order. (7) Matter stood over for further directions to Thursday 14 May 2015 at 9:30am. (8) Costs of today are reserved. (9) Plaintiff to notify the defendants of the orders and that if they do not attend on the next occasion orders will be made in their absence. Catchwords: PRACTICE AND PROCEDURE - parties ordered to attend court-annexed mediation - defendants failed to appear at mediation - no sufficient explanation given for the failure to attend - whether second mediation should be ordered - consideration of court resources - application for second mediation refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26 and 28 Defamation Act 2005 (NSW) Cases Cited: Mead v Allianz Australia Insurance Ltd [2007] NSWSC 500 Ramandious v Habashy [2014] NSWDC 237 Category: Procedural and other rulings Parties: Plaintiff: Father Georgious Ramandious First Defendant: Samir Habashy Second Defendant: Ezat Andrawes Representation: Counsel: Plaintiff: Mr S Maxwell (Solicitor) Defendants: Mr O Hagen (granted leave to withdraw); Mr S Habashy (in person); No appearance for the second defendant