Smith v Transport for NSW [2022] NSWSC 1803

Smith v Transport for NSW [2022] NSWSC 1803

In light of persistent non-compliance with previous case management orders and the imminent hearing date, further orders are made permitting the parties to finalise pleadings, organise conclaves and complete evidence exchanges in the three months prior to hearing, rather than vacate the hearing date.

Parties
Plaintiff: Daniel James Smith; Defendant: Transport for NSW
Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Civil / Case Management Directions Hearing
Outcome
Further case management orders granted as sought by parties allowing finalisation of evidence, conclaves and pleadings up to three months before hearing.
Legal Topics
Case Management, Non Compliance With Court Orders, Finalisation of Pleadings, Exchange of Evidence
Civil Procedure Case Management Non Compliance With Court Orders Finalisation of Pleadings Exchange of Evidence

Case Brief

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Parties

Daniel James Smith

Plaintiff

Transport for NSW

Defendant

Procedural Posture

Civil / Case Management Directions Hearing

Legal Issues

  1. 1 Whether further orders should be made for finalisation of evidence, organisation of conclaves and pleadings three months prior to hearing in light of non-compliance with previous court orders

Ratio Decidendi

In light of persistent non-compliance with previous case management orders and the imminent hearing date, further orders are made permitting the parties to finalise pleadings, organise conclaves and complete evidence exchanges in the three months prior to hearing, rather than vacate the hearing date.

Court Disposition

Further case management orders granted as sought by parties allowing finalisation of evidence, conclaves and pleadings up to three months before hearing.

Orders

  • The parties are permitted to finalise their evidence, organise expert conclaves, and finalise their pleadings in the three months prior to the hearing.