Xie & Ors v Lin & Ors [2018] NSWSC 116

Xie & Ors v Lin & Ors [2018] NSWSC 116

The Court’s orders were unwittingly made without knowledge of the Registrar’s prior direction requiring a formal motion to vacate the mediation date, therefore the proper procedure must be followed by filing a motion, and parties are reminded of their obligation to inform the Court of relevant Registrar directions.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Equity Proceedings / Interlocutory Application to Vacate Mediation Date
Outcome
Directions made for the filing of a motion to vacate the mediation date; Court accepts undertaking of counsel not to charge any fees for the vacation of mediation.
Legal Topics
['mediation' 'court Annexed Mediation' "registrar's Directions" 'practice and Procedure' 'filing Motions']
['civil Procedure'] ['mediation' 'court Annexed Mediation' "registrar's Directions" 'practice and Procedure' 'filing Motions']

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Procedural Posture

Equity Proceedings / Interlocutory Application to Vacate Mediation Date

Legal Issues

  1. 1 ['Whether proper procedure was followed for vacating a Court-annexed mediation date' "Obligation to inform Court of Registrar's prior directions or orders" 'Incidence of costs regarding vacation of mediation date']

Ratio Decidendi

The Court’s orders were unwittingly made without knowledge of the Registrar’s prior direction requiring a formal motion to vacate the mediation date, therefore the proper procedure must be followed by filing a motion, and parties are reminded of their obligation to inform the Court of relevant Registrar directions.

Court Disposition

Directions made for the filing of a motion to vacate the mediation date; Court accepts undertaking of counsel not to charge any fees for the vacation of mediation.

Orders

  • ['Plaintiffs required to file by Monday, 19 February 2018 at 4.00pm a Notice of Motion under Uniform Civil Procedure Rules 2005, Pt 18 recording the application for orders vacating the mediation date of 13 February 2018.' "Court notes Mr Flecknoe-Brown's undertaking that no fees will be charged to plaintiffs in...