Xie & Ors v Lin & Ors [2018] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: Xie & Ors v Lin & Ors [2018] NSWSC 116 Hearing dates: 12 & 15 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Equity Before: Slattery J Decision: Directions made for the filing of a motion to vacate the mediation date. Court accepts undertaking of counsel not to charge any fees in respect of any aspect of the vacation of the Court-annexed mediation fixed for 13 February 2018. Catchwords: PRACTICE - parties approach the Equity Duty judge to vacate a Court-annexed mediation fixed for the following day - Court not informed that the Registrar had already made a direction requiring the filing of a motion (and the payment of the necessary motion fee) for an application to vacate the mediation date - Court orders vacation of the mediation date by consent - decisions of Registrars - obligation on parties to inform the Court of relevant prior orders or directions of Registrars that the Court is being asked to vary or reverse - need to follow proper procedure for appeals against Registrar's decisions - parties recalled to revise orders made - incidence of the costs of the recall considered. Legislation Cited: Civil Procedure Act 2005, s 26 Uniform Civil Procedure Rules 2005, r 63.4 Category: Procedural and other rulings Parties: First Plaintiff: Zhigen Xie Second Plaintiff: Jin Zhang Third Plaintiff: Lei Su Fourth Plaintiff: Feng Ye First Defendant: Jackson Lin Second Defendant: Qiaoyi Su Fourth Defendant: NSW Legal Pty Limited Representation: Counsel: