Clifford v Toad Park Pty Ltd t/as Mawson Lakes Hotel [2017] NSWSC 743

Supreme Court New South Wales

Medium Neutral Citation: Clifford v Toad Park Pty Ltd t/as Mawson Lakes Hotel [2017] NSWSC 743 Hearing dates: 7 & 8 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Common Law Before: Davies J Decision: 1. Order that the hearing dates for 19 - 23 June 2017 be vacated.

2. Order that the Plaintiff pay 50% of the Defendant's costs of the Notice of Motion filed 29 May 2017 and the costs thrown away by reason of the adjournment of the hearing dates.

3. Order that, pursuant to section 26 of the Civil Procedure Act, the matter be referred to mediation on 19 June 2017.

4. Note that the parties have agreed to the appointment of Larry King SC as mediator.

5. List the matter for hearing for 5 days commencing 9 April 2018.

6. List the matter for directions on 26 June 2017 before the Registrar.

7. Liberty to apply to Davies J's associate on 24 hours' notice in relation to s 77 order. Catchwords: PROCEDURE – adjournment – personal injury proceedings – hearing fixed for June 2017 – plaintiff incarcerated since December 2015 – criminal trial listed for August 2017 – recent negotiations regarding a plea – belief that plaintiff will be released from custody by December 2017 – need for updated medicals in civil proceedings – cost of s 77 order for 5 day trial if not adjourned – hearing vacated Cases Cited: Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Category: Procedural and other rulings Parties: Mark Clifford (Plaintiff) Toad Park Pty Ltd t/as Mawson Lakes Hotel (Defendant) Representation: Counsel: P Bates (Plaintiff) N Chen SC (Defendant)