McDonald v McDonald [2016] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: McDonald v McDonald [2016] NSWSC 724 Hearing dates: 25 May 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The notice to admit facts is set aside, apart from clauses 9, 10, 11 and 12. (2) The RMS should have a further 14 days to respond to those paragraphs of the notice. (3) If the parties wish to be heard on costs, they should file short written submissions within 7 days. Catchwords: PROCEDURE – notice of motion – order seeking to strike out notice to admit facts – notice to admit facts set aside apart from clauses 9, 10, 11 and 12 – costs

PROCEDURE – notice of motion – order seeking to leave to administer interrogatories – Rule 22(1) of the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 433 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2008] NSWCA 243 Goldsmith v Sandilands [2002] HCA 31; (2002) 76 ALJR 1024 Liao v State of New South Wales Zhang v State of New South Wales [2014] NSWCA 71 Category: Procedural and other rulings Parties: Lynne Narelle McDonald (Plaintiff) Robert John McDonald (First Defendant) Shoalhaven City Council (Second Defendant) Roads and Maritime Services (Third Defendant) Representation: Counsel: Mr R E Quickenden (Plaintiff) Mr M Hutchings (Third Defendant)