Lord v McMahon (No. 2) [2016] NSWSC 1153

Lord v McMahon (No. 2) [2016] NSWSC 1153

The application to vacate the 31 August 2016 hearing date was refused because none of the procedural directions made on 6 June 2016 had been complied with, the information before the Court gave no confidence that the experts were close to agreement or that realistic proposals for final relief were being developed, and the Court’s overriding obligations under Civil Procedure Act 2005, ss 56 and 59 required the matter to be brought to a head rather than allowed to drift further.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Procedural and Other Ruling in Equity / Application to Vacate Final Relief Hearing Date After Judgment
Outcome
Application to vacate hearing date dismissed and hearing date of 31 August 2016 confirmed. Directions made.
Legal Topics
['vacation of Hearing Date' 'final Relief Hearing' 'expert Evidence' 'case Management Directions' 'overriding Purpose' 'costs']
['civil Procedure' 'equity'] ['vacation of Hearing Date' 'final Relief Hearing' 'expert Evidence' 'case Management Directions' 'overriding Purpose' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Ruling in Equity / Application to Vacate Final Relief Hearing Date After Judgment

Legal Issues

  1. 1 ['Whether the Court should vacate the final relief hearing fixed for 31 August 2016 because the timetable for expert evidence had fallen behind.' 'What directions should be made to bring the question of final relief to a hearing.']

Ratio Decidendi

The application to vacate the 31 August 2016 hearing date was refused because none of the procedural directions made on 6 June 2016 had been complied with, the information before the Court gave no confidence that the experts were close to agreement or that realistic proposals for final relief were being developed, and the Court’s overriding obligations under Civil Procedure Act 2005, ss 56 and 59 required the matter to be brought to a head rather than allowed to drift further.

Court Disposition

Application to vacate hearing date dismissed and hearing date of 31 August 2016 confirmed. Directions made.

Orders

  • ['Vacate the directions made by the Court on 6 June 2016.' "Reserve the question of costs incurred between the parties and who should bear those costs arising out of the vacation of the orders of 6 June and of the parties' attendance before the Court today." 'Direct the parties to make all reasonable efforts to have...