NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sarina v Mackay [2020] NSWSC 427 Hearing dates: 21 April 2020 Date of orders: 21 April 2020 Decision date: 22 April 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Vacate the hearing date of 24 April 2020.
(2) Order the plaintiff to pay the defendant's costs of the plaintiff's notice of motion filed on 16 April 2020 and any costs thrown away by the vacation of the hearing date.
(3) List the matter for further directions before me at 9.15am on 29 April 2020. Catchwords: PRACTICE AND PROCEDURE — application to vacate hearing date — application granted Legislation Cited: Civil Procedure Act 2005 (NSW), Part 6 Local Court Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW), r 50.14 Category: Procedural and other rulings Parties: Clinton Sarina (Plaintiff) Stewart Mackay (Defendant) Representation: Counsel: C Perry (Plaintiff) P See (Defendant)
Solicitors: Pure Legal (Plaintiff) Lloyd & Lloyd Solicitors (Defendant) File Number(s): 2019/343943
Judgment
Introduction 1. This matter was listed for final hearing on 24 April 2020. By notice of motion filed on 16 April 2020, Clinton Sarina, the plaintiff, sought to have the hearing date vacated. His application was opposed by Stewart Mackay, the defendant. At the conclusion of the hearing I vacated the hearing date and made the orders which are set out at the end of these reasons. My reasons for vacating the hearing date are as follows.
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