Muriniti v King; Newell v Hemmings [2019] NSWCA 232

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Muriniti v King; Newell v Hemmings [2019] NSWCA 232 Hearing dates: 16 September 2019 Date of orders: 16 September 2019 Decision date: 02 October 2019 Before: Payne JA at [1]; McCallum JA at [44]; Simpson AJA at [45] Decision: In the Muriniti proceedings [2017/109337]:

(1) For the purposes of this application to the extent necessary dissolve any earlier order of this Court staying proceedings [2017/109337]. (2) Pursuant to Rule 51.4(3) of the Uniform Civil Procedure Rules order that Lawcover Insurance Pty Ltd be joined as a respondent to proceedings [2017/109337] in this Court. (3) The summons seeking leave to appeal in proceedings [2017/109337] in this Court is dismissed pursuant to Rule 12.7 and Rule 51.1(3) of the Uniform Civil Procedure Rules 2005 (NSW). (4) That Mr Muriniti and L C Muriniti & Associates pay the costs of Lawcover's motion filed on 2 August 2019. (5) That Mr Muriniti and L C Muriniti & Associates pay the costs of all the respondents to the application for leave to appeal.

In the Newell proceedings [2017/201727]:

(1) For the purposes of this application to the extent necessary dissolve any earlier order of this Court staying proceedings [2017/201727]. (2) Pursuant to Rule 51.4(3) of the Uniform Civil Procedure Rules order that Lawcover Insurance Pty Ltd be joined as a respondent to proceedings [2017/201727] in this Court. (3) The summons seeking leave to appeal in proceedings [2017/201727] in this Court is dismissed pursuant to Rule 12.7 and Rule 51.1(3) of the Uniform Civil Procedure Rules 2005 (NSW). (4) That Mr Newell pay the costs of Lawcover's motion filed on 2 August 2019. (5) That Mr Newell pay the costs of all the respondents to the application for leave to appeal.