Charlton v Moore ( No 3) [2009] NSWLEC 48

Charlton v Moore ( No 3) [2009] NSWLEC 48

The hearing dates should be vacated because the respondents established multiple practical and procedural reasons why the allocated hearing could not fairly or efficiently proceed, and the applicant consented; vacation was appropriate on condition that the parties proceed to mediation if possible on the vacated dates or as soon as possible thereafter.

Jurisdiction
Australia
Judgment Date
18 March 2009
Procedural Posture
Practice and Procedure Motion / Respondents' Motion to Vacate Hearing Dates; Ex Tempore Judgment
Outcome
Respondents' motion granted; hearing dates vacated on condition that the parties proceed to mediation if possible on the vacated dates or as soon as possible thereafter.
Legal Topics
['vacation of Hearing Dates' 'mediation' 'court Directions' 'joinder' 'bias Allegations']
['practice and Procedure'] ['vacation of Hearing Dates' 'mediation' 'court Directions' 'joinder' 'bias Allegations']

Case Brief

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Procedural Posture

Practice and Procedure Motion / Respondents' Motion to Vacate Hearing Dates; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the hearing dates fixed for 24 and 25 March 2009 should be vacated.' 'Whether vacation of the hearing dates should be conditional on the parties proceeding to mediation.']

Ratio Decidendi

The hearing dates should be vacated because the respondents established multiple practical and procedural reasons why the allocated hearing could not fairly or efficiently proceed, and the applicant consented; vacation was appropriate on condition that the parties proceed to mediation if possible on the vacated dates or as soon as possible thereafter.

Court Disposition

Respondents' motion granted; hearing dates vacated on condition that the parties proceed to mediation if possible on the vacated dates or as soon as possible thereafter.

Orders

  • ["By consent, orders in paragraphs 1 to 8 of the short minutes of order dated 18 March 2009 were made, and the first respondent's undertaking to the court therein was noted." "Order that, by 1 April 2009, the third respondent, by a proper officer of the third respondent, make all proper enquiries and then make a...