Chandler v Abruzzese; Woodbridge v Abruzzese; Felice v Abruzzese; Norris v Abruzzese; Belinfante v Abruzzese [2019] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: Chandler v Abruzzese; Woodbridge v Abruzzese; Felice v Abruzzese; Norris v Abruzzese; Belinfante v Abruzzese [2019] NSWSC 1440 Hearing dates: 18 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that on or before 25 October 2019 the plaintiffs are to file any further affidavits in support of the notice of motion filed 17 October 2019 together with an outline of submissions in support of the orders sought. (2) The defendants, if so advised, are to file and serve any affidavits and submissions in opposition to the motion by 4 pm 8 November 2019. (3) The plaintiffs are to file and serve any submissions in reply by 4pm on 22 November 2019. (4) Fix the matter for argument before me on 29 November 2019 at 2pm. (5) Direct that at the time any documents are filed and served a copy is to be sent to my chambers. (6) Vacate the listing of the notice of motion filed 17 October 2019 of 24 October 2019. (7) Adjourn the notice of motion for hearing to 29 November 2019 at 2pm. (8) Order Mr John McManus, solicitor for the plaintiffs, to pay the defendants' costs of and occasioned by the adjournment of the proceedings today on an indemnity basis forthwith. (9) Grant the parties liberty to apply. (10) Note that the proposed Statements of Claim are to be served in each matter by 25 October 2019. Catchwords: CIVIL PROCEDURE — Commencement of proceedings — Statement of claim — Form and content – Application seeking an adjournment of the argument on adequacy of proposed amended statement of claim Legislation Cited: Civil Procedure Act 2005 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Ryan Chandler (P) Mark Woodbridge (P) James Felice (P) Benjamin Raymond Norris (P) David James Belinfante (P) Charles Abruzzese (D1) (all matters) Bronte Surf Club (D2) Surf Life Saving Australia (D3) Representation: Counsel: T Meakes (P) (all matters) C Carroll (D1) (all matters) D Villa (D2, D3)