Krich v Hadid [2019] NSWSC 1346

Supreme Court New South Wales

Medium Neutral Citation: Krich v Hadid [2019] NSWSC 1346 Hearing dates: 3 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the first defendant/cross-claimant to serve all evidence on which he proposes to rely in defence of the claim and in support of the cross-claim on or before 31 October 2019.

(2) Order that the first defendant/cross-claimant not be permitted to rely on any evidence which has not been served in accordance with order (1) without leave of the court.

(3) Stand over the plaintiff's notice of motion filed 12 September 2019 for hearing on 7 November 2019 but note that the notice of motion is to be dismissed if the first defendant confirms that he has complied with order (1), in which case, there is to be a directions hearing before the Registrar on that date.

(4) Direct that consideration be given by the parties as to whether this Court should order a mediation of this dispute, such matter to be considered by the court, if thought appropriate, on 7 November 2019.

(5) Order that there be no order as to the parties' costs to date of the plaintiff's notice of motion filed on 12 September 2019, with the intention that each party bear his own costs. Catchwords: CIVIL PROCEDURE – plaintiff failed to give adequate notice of application to have first defendant's defence struck out for repeated non-compliance with directions – motion resolved except as to costs – appropriate order that there be no order as to costs Category: Procedural and other rulings Parties: Mustafa Krich (Plaintiff and Cross Defendant) Albert Hadid (First Defendant and Cross Claimant) Robert John Lynch (Second Defendant) Representation: Counsel: E Glover (Plaintiff and Cross Defendant) M Einfeld QC/D Rayment (First Defendant and Cross Claimant)