Sydney Anglican Schools Corporation t/as Roseville College v Mears [2015] NSWDC 348

District Court New South Wales

Medium Neutral Citation: Sydney Anglican Schools Corporation t/as Roseville College v Mears [2015] NSWDC 348 Hearing dates: 26 November 2015 Date of orders: 26 November 2015 Decision date: 26 November 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Refuse to make orders 8, 9 and 13 of the defendants' notice of motion filed 13 July 2015. (2) Stand the matter over for directions in relation to the residue of the notice of motion (filed 13 July 2015) and for directions in relation to the proceedings generally on Thursday, 3 December 2015 at 9.30am before the Judicial Registrar. (3) The first defendant, Mr Mears, pay the plaintiff's and the respondents' costs of and incidental to the application for orders 8, 9 and 13 of the motion (the application for leave to join parties and amend the cross-claim) and including any such costs of those reserved on 16 October 2015 but otherwise the costs of the notice of motion are reserved. (4) The respondents have leave to enforce order (3) forthwith, as if the proceedings were concluded, and be otherwise excused from the proceedings in the absence of a further order, subject to order (5). (5) Stay orders (3) and (4) for 2 weeks and grant liberty to Mr Mears to make an application within 2 weeks regarding orders (3) and (4). (6) Note that should Mrs Mears seek in the future to be represented by Mr Mears on the basis that her interests are fairly served by Mr Mears acting for her, then an application to that effect should be made. Catchwords: PROCEDURE – parties – joinder of cross-defendants – pleadings – cross-claim – application for leave to file cross-claim – proposed cross-claim not served Legislation Cited: Civil Procedure Act 2005, s 56 Category: Procedural and other rulings Parties: Sydney Anglican Schools Corporation t/as Roseville College (plaintiff) Grant Mears (first defendant) Gloria Mears (second defendant) State of New South Wales (first respondent to notice of motion) Helen Firbank(second respondent to notice of motion) Representation: Counsel: Mr F F F Salama (plaintiff) Mr G Sarginson (first respondent to notice of motion) Ms Gleeson (second respondent to notice of motion)