Fitzgerald as Administrator of the Estate of the Late Lesley Provan v Cooper; Fitzgerald as Administrator of the Estate of the Late Lesley Provan v The Valley Centre for Environmental Education & Research Incorporated [2020] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: Fitzgerald as Administrator of the Estate of the Late Lesley Provan v Cooper; Fitzgerald as Administrator of the Estate of the Late Lesley Provan v The Valley Centre for Environmental Education & Research Incorporated [2020] NSWSC 451 Hearing dates: 16 April 2020 Date of orders: 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Equity Before: Williams J Decision: The plaintiff's notice of motion filed on 3 February 2020 in proceeding 2018/88427 is dismissed. Catchwords: PRACTICE AND PROCEDURE – joint hearing orders under Uniform Civil Procedure Rules 2005 (NSW) r 28.5 – application by plaintiff in two separate proceedings for both proceedings to be heard together or, alternatively, that one proceeding be heard immediately after the other proceeding and that both proceedings be heard by the same judge – where there are no common issues of fact and law – where common witnesses but plaintiff failed to identify material common evidence between the two proceedings – where hearing both proceedings together may be convenient for plaintiff but costly for defendants – application dismissed. Legislation Cited: Succession Act 2006 (NSW), Ch 3 Uniform Civil Procedure Rules 2005 (NSW), r 28.5 Cases Cited: Cousins v Cousins (1948) 51 WALR 57 Ghose v CX Reinsurance Company Ltd [2010] NSWSC 110 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 Category: Procedural and other rulings Parties: In proceeding 2018/88427: Amba Margeurite Fitzgerald as Administrator of the Estate of the Late Lesley Provan (Plaintiff/Cross-Defendant) Tracey Anne Cooper (Defendant/Cross-Claimant)