Maria Di Gregorio and anor v Magistrate Susan McIntyre and Ors [2022] NSWSC 850

Maria Di Gregorio and anor v Magistrate Susan McIntyre and Ors [2022] NSWSC 850

There is no evidence to support that the Registrar erred in making the orders of 21 June 2022. The Registrar acted properly to manage the proceedings and in accordance with statutory requirements. Plaintiffs are allowed further time on conditions and must pay costs for seeking indulgence.

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Summons / Interlocutory Orders Regarding Motion for Leave to File Amended Summons and Filing of Evidentiary Materials
Outcome
Plaintiffs granted further time to file evidence and submissions. The Registrar's orders not set aside. Costs ordered against plaintiffs.
Legal Topics
['practice and Procedure' 'making of Orders Facilitating Hearing']
['civil Procedure'] ['practice and Procedure' 'making of Orders Facilitating Hearing']

Case Brief

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Procedural Posture

Summons / Interlocutory Orders Regarding Motion for Leave to File Amended Summons and Filing of Evidentiary Materials

Legal Issues

  1. 1 ["Whether the Registrar's orders of 21 June 2022 were made in jurisdictional error or error of law" 'Whether further time should be allowed to plaintiffs to file evidence and submissions' 'Appropriate orders for progression of the motion and costs']

Ratio Decidendi

There is no evidence to support that the Registrar erred in making the orders of 21 June 2022. The Registrar acted properly to manage the proceedings and in accordance with statutory requirements. Plaintiffs are allowed further time on conditions and must pay costs for seeking indulgence.

Court Disposition

Plaintiffs granted further time to file evidence and submissions. The Registrar's orders not set aside. Costs ordered against plaintiffs.

Orders

  • ['Order 3 made by the Registrar on 21 June 2022 is further varied by requiring the plaintiffs to file and serve all remaining evidence and written submissions by 5pm on 27 June 2022.' 'If there is compliance by the plaintiffs with order 1, the defendants/respondents are to file and serve all evidence and written...