Neighbourhood Association NA 285259 v Watson [2007] NSWLEC 869

Given the close relationship between the two proceedings and the efficiencies to be gained, the hearing dates should be vacated to allow the Supreme Court proceedings to be heard first.

Jurisdiction: Australia
Judgment Date: 23 November 2007
Procedural Posture: Application / Vacation of Hearing Dates
Outcome: Hearing dates vacated; matter stood over; costs order against applicant
Legal Topics: ['vacation of Hearing Dates' 'related Proceedings in Supreme Court']

['practice and Procedure'] ['vacation of Hearing Dates' 'related Proceedings in Supreme Court']

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Procedural Posture

Application / Vacation of Hearing Dates

Legal Issues

1 ['Should the hearing dates in December be vacated due to related proceedings in the Supreme Court?' 'Should damages claim be determined independently of Supreme Court proceedings?']

Ratio Decidendi

Given the close relationship between the two proceedings and the efficiencies to be gained, the hearing dates should be vacated to allow the Supreme Court proceedings to be heard first.

Court Disposition

Hearing dates vacated; matter stood over; costs order against applicant

Orders

['The hearing dates in December are vacated.' 'The matter is stood over until 1 February 2008 for mention before the judge.' "Liberty to restore on three days' notice." 'Applicant is to pay any costs thrown away occasioned by the vacation of the hearing dates.']