Johnston v The Greens NSW Incorporated [2020] NSWCA 189

Johnston v The Greens NSW Incorporated [2020] NSWCA 189

Because there was a need to resolve the issue as to the parties to the alleged settlement agreement and the basis on which any settlement would take effect, proceeding with the leave hearing would risk unnecessary costs and either granting or refusing leave would complicate settlement. The proper course was to vacate the hearing, require a status notification if the matter was not discontinued within 28 days, permit directions before the Registrar, and otherwise dismiss the amended notice of motion.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Application for Leave to Appeal / Amended Notice of Motion Concerning Settlement and Vacation of Leave Hearing
Outcome
Hearing of the application for leave to appeal vacated; amended notice of motion otherwise dismissed; no order as to costs of the day.
Legal Topics
['application for Leave to Appeal' 'settlement Agreement' 'discontinuance' 'vacation of Hearing' 'costs']
['practice and Procedure' 'civil Procedure' 'costs'] ['application for Leave to Appeal' 'settlement Agreement' 'discontinuance' 'vacation of Hearing' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Amended Notice of Motion Concerning Settlement and Vacation of Leave Hearing

Legal Issues

  1. 1 ['Whether the hearing of the application for leave to appeal should be vacated pending resolution of issues concerning an alleged settlement agreement.' 'Whether the Court should determine or otherwise dispose of the leave application while issues remained as to the parties to and effect of the alleged settlement agreement.' 'Whether the amended notice of motion should otherwise be dismissed.']

Ratio Decidendi

Because there was a need to resolve the issue as to the parties to the alleged settlement agreement and the basis on which any settlement would take effect, proceeding with the leave hearing would risk unnecessary costs and either granting or refusing leave would complicate settlement. The proper course was to vacate the hearing, require a status notification if the matter was not discontinued within 28 days, permit directions before the Registrar, and otherwise dismiss the amended notice of motion.

Court Disposition

Hearing of the application for leave to appeal vacated; amended notice of motion otherwise dismissed; no order as to costs of the day.

Orders

  • ['Vacate the hearing of the application for leave to appeal.' 'Direct that if the matter is not discontinued within 28 days, the applicant shall notify the Registrar as to the status of the proceedings.' "Give leave to each active party to list the matter before the Registrar for further directions on five working...