Yakiti Pty Ltd v MacDonald [2018] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: Yakiti Pty Ltd v MacDonald [2018] NSWSC 1392 Hearing dates: 7 September 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Defendant/Cross-Claimant's Notice of Motion dated 3 September 2018 to be filed in the Registry by 10 September 2018.

2. Leave to the Defendant/Cross-Claimant to rely on the affidavit of Kate Marie McDonald sworn 6 September 2018.

3. No further affidavit evidence in chief by Defendant/Cross-Claimant's is to be relied upon or served without leave from the Court.

4. Defendant/Cross-Claimant's 3rd further amended cross-claim to be filed in the Registry by 10 September 2018.

5. Defendant/Cross-Claimant to pay Cross-Defendant's costs of today and for the directions hearing on 23 August 2018. Costs payable to be paid on an indemnity basis including preparation of the affidavit of Mr Prin.

6. Cross-Defendants to serve all evidence on cross-claim and in reply by 19 October 2018.

7. Defendant/Cross-Claimant to serve evidence in reply on the cross-claim by 16 November 2018.

8. Listed for Directions before Davies J at 2pm on 30 November 2018.

9. Any application for summary dismissal by the third cross-defendant to be filed and served by 14 September 2018 and made returnable before the Registrar.

10. Liberty to apply on 2 days' notice. Catchwords: CIVIL PROCEDURE – court administration – case management – directions – guillotine order attached to directions to serve affidavit evidence – failure to comply Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Yakiti Pty Ltd (Plaintiff/Cross-Defendant) Katie Marie McDonald (Defendant/Cross-Claimant) Babak Moini (Second Cross-Defendant) Kon Prin (Third Cross-Defendant) Registrar General (Fourth Cross-Defendant) Representation: Counsel: V Bedrossian (Plaintiff/First and Second Cross-Defendants and separately for the Third Cross-Defendant) L Chan (Defendant-Cross-Claimant) Submitting appearance (Registrar-General)