Warwick Hill Pty Ltd trading as Warwick Hill Lawyer v Lovell [2019] NSWDC 248

District Court New South Wales

Medium Neutral Citation: Warwick Hill Pty Ltd trading as Warwick Hill Lawyer v Lovell [2019] NSWDC 248 Hearing dates: 30 May 2019 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the cross-claimant, by reason of his own and his principal witnesses' serious health problems, the cross-claimant's application for the adjournment of these proceedings is granted. (2) Cross-claimant to file and serve an Amended Cross-Claim by 13 June 2019. (3) The cross-claimant to serve further expert evidence on the cross-claim by 27 June 2019. (4) The cross-claimant by 6 June 2019 at 4:00pm is to serve a document of no greater than 3 pages in length which: (a) sets out a brief statement of each complaint he makes against the cross-defendant; and (b) sets out the loss he alleges he suffers as a result of each complaint and the link between the complaint and the loss. (5) Proceedings are not to be adjourned again unless there are exceptional circumstances. (6) Pursuant to s 26 Civil Procedure Act 2005 (NSW), direct the parties to attend for mediation on Tuesday 2 July 2019 before an Assistant Registrar of this court in Newcastle. (7) Proceedings fixed for hearing in the Newcastle sittings commencing Monday 21 October 2019. (8) Proceedings listed for directions on 11 June 2019 before Gibson DCJ. (9) Costs reserved. Catchwords: PRACTICE AND PROCEDURE – application by litigant in person to vacate hearing due to health and family problems – case management and circuit issues – application granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Cases Cited: Allen v Sir Alfred McAlpine [1968] 1 All E R 543 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Permanent Stay) [2019] FCA 802 Texts Cited: His Honour Judge A Garling, Litigation Reform: The New South Wales Experience, Paper presented at the New South Wales Legal Convention Forum on Reinventing the Courts, 1 November 1996 Honor Figgis, "Dealing with Court Delay in New South Wales" (Briefing Paper No. 31/96, Parliamentary Library, Parliament of New South Wales, 1996) The Honourable Wayne Martin AC, "Managing Change in the Justice System", 18th AIJA Oration, 14 September 2012 Thornburg and Cameron, "Defining Civil Disputes: Lessons from Two Jurisdictions", (2011) Melbourne University Law Review 208 Category: Procedural and other rulings Parties: Plaintiff/Cross-Defendant: Warwick Hill Pty Ltd trading as Warwick Hill Lawyer Defendant/Cross-Claimant: Peter James Lovell Representation: Counsel: Plaintiff/Cross-Defendant: Mr D Lloyd Defendant/Cross-Claimant: In person