Gonzales v State Coroner of New South Wales and Anor (No. 2) [2018] NSWSC 1093

Supreme Court New South Wales

Medium Neutral Citation: Gonzales v State Coroner of New South Wales and Anor (No. 2) [2018] NSWSC 1093 Hearing dates: 13 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law Before: Johnson J Decision: Proceedings stood down until 2.00 pm on 13 July 2018 (at which time it was noted that the undertaking had been complied with, with the proceedings being further adjourned to 27 July 2018). Catchwords: CIVIL PROCEDURE - urgent ex parte application made to Common Law Duty Judge - undertaking given to Court by solicitors for Plaintiff to pay filing fees - Summons and supporting affidavit filed in Court upon basis of that undertaking - urgent orders made by Court - solicitor not comply with undertaking to pay filing fee - Court draws attention to continuing failure five months after undertaking given - importance of compliance with undertakings to Court made by legal practitioners - opportunity allowed for immediate compliance with undertaking Legislation Cited: --- Cases Cited: Adams v Zen 28 Pty Limited and Others [2010] QSC 36 Council of the New South Wales Bar Association v Lott [2018] NSWCATOD 99 Gonzalez v State Coroner of New South Wales [2018] NSWSC 153 National Australia Bank Limited v Bond Brewing Holdings Limited [1991] 1 VR 386 R v Khazaal (2006) 167 A Crim R 565; [2006] NSWSC 1353 Texts Cited: Dal Pont, "Solicitors Manual", The College of Law and LexisNexis Category: Procedural and other rulings Parties: Carolina Gonzales (Plaintiff) State Coroner of New South Wales (First Defendant) Attorney General for New South Wales (Second Defendant) Representation: Counsel: Mr A Katsoulas (Plaintiff) Mr D Kell SC (Second Defendant)