King v Liverpool City Council (No.2) [2018] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: King v Liverpool City Council (No.2) [2018] NSWSC 29 Hearing dates: 31 January 2018 Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Vacate the hearing date of these proceedings of 6 March 2018. (2) Fix that hearing and all of the issues previously fixed for hearing on 30 July 2018 for a period of 10 days. (3) Order plaintiff to pay the defendant's costs of and thrown away by the vacation of the hearing date. (4) Order the plaintiff to pay the defendant's costs of the directions hearing before this court on 14 December 2017 and 31 January 2018. (5) Direct that the subpoena issued by the plaintiff to the New South Wales Environmental Protection Authority be listed for production of documents at 10.30am on 8 February 2018. (6) Order that Ms Melinda Listing, Senior Legal Officer, Litigation, Legal Services branch of the New South Wales Environmental Protection Authority appear at 10.30am on 8 February 2018 to respond to the subpoena on behalf of the New South Wales Environmental Protection Authority. (7) Direct that if the New South Wales Environmental Protection Authority wish to file any notice of motion seeking orders with respect to production of or access to the documents sought by the subpoena, any such notice of motion and affidavit in support is to be served by 5pm 6 February 2018. Direct that a copy of such documents be delivered to my Chambers at that time. (8) Direct that the solicitor for the plaintiff is to notify Ms Listing of these orders by email by no later than 5pm today. (9) Grant the parties liberty to apply on 2 days' notice. (10) Stand the proceedings over for further directions before Garling J at 9.30am on 16 February 2018. Catchwords: CIVIL PROCEDURE – case management – vacation of hearing date – interests of justice Legislation Cited: Not Applicable Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Bernard King (P) Liverpool City Council (D) Representation: Counsel: M Finnane QC (P) A Abadee (D)