Wende v Horwath (NSW) Pty Limited (No 4) [2015] NSWDC 158

District Court New South Wales

Medium Neutral Citation: Wende v Horwath (NSW) Pty Limited (No 4) [2015] NSWDC 158 Hearing dates: 5 February 2015 Date of orders: 05 February 2015 Decision date: 05 February 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Leave granted to file in court the affidavit of Michael Andrew Clear dated 5 February 2015. (2) The stay of the proceedings in the District Court is refused. (3) Direct the plaintiffs to file and serve any evidence on which they intend to rely with respect to the outstanding questions by 4 March 2015. (4) Direct that any evidence in reply by defendant be filed and served by 24 March 2015. (5) Direct that any written submissions to be relied upon be exchanged by the parties, with copies supplied to my associate, by 12 noon on 30 March 2015. (6) List for the matter for hearing of the outstanding issues on Tuesday, 31 March 2015 at 10am before P Taylor SC DCJ. (7) Liberty to either party to apply before 14 February 2015 and on 2 days' notice in the event that the Court of Appeal listing on 9 February 2015 impacts on any of the orders or directions made. Catchwords: PRACTICE AND PROCEDURE - application for a stay Category: Procedural and other rulings Parties: Herbert Wende (first plaintiff) Margaret Wende (second plaintiff) Mark Lloyd (third plaintiff) Horwath (NSW) Pty Limited (defendant) Representation: Counsel: Mr G E Babe (plaintiffs) Mr S Hughes (defendant)