Paul John Smithson & Ors v National Australia Bank & Anor [2011] NSWSC 312

Paul John Smithson & Ors v National Australia Bank & Anor [2011] NSWSC 312

Because the three days allocated for the hearing would be insufficient, the material served and produced meant the plaintiffs' senior counsel could not reasonably present the case with proper care, the matter could not resume for months if part-heard, and other urgent proceedings were ready to proceed, the appropriate course was to vacate the hearing dates and require expert conclave and mediation rather than keep the preferential listing.

Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Procedural and Other Rulings / Ex Tempore Judgment Concerning the Expedition List, Revocation of Expedition and Vacation of Hearing Dates
Outcome
Current hearing dates vacated; conclave of experts and mediation ordered; no costs orders consequent on the vacation of the hearing date.
Legal Topics
['expedition List' 'urgent Hearings' 'vacation of Hearing Dates' 'conclave of Experts' 'mediation' 'costs']
['civil Procedure'] ['expedition List' 'urgent Hearings' 'vacation of Hearing Dates' 'conclave of Experts' 'mediation' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Rulings / Ex Tempore Judgment Concerning the Expedition List, Revocation of Expedition and Vacation of Hearing Dates

Legal Issues

  1. 1 ['Whether the proceedings should retain preferential hearing dates in the expedition list when the allocated three days would be insufficient to conclude the hearing.' 'Whether the current hearing dates should be vacated and the parties directed to a conclave of experts and mediation.']

Ratio Decidendi

Because the three days allocated for the hearing would be insufficient, the material served and produced meant the plaintiffs' senior counsel could not reasonably present the case with proper care, the matter could not resume for months if part-heard, and other urgent proceedings were ready to proceed, the appropriate course was to vacate the hearing dates and require expert conclave and mediation rather than keep the preferential listing.

Court Disposition

Current hearing dates vacated; conclave of experts and mediation ordered; no costs orders consequent on the vacation of the hearing date.

Orders

  • ['Vacate the current hearing dates.' 'Order a conclave of experts.' 'Order a mediation over two days during the period 18-21 April 2011.' "Agreed short minutes should be sent to the judge's associate reflecting the proposed orders." 'No costs orders consequent on the vacation of the hearing date.' 'The matter should...