Gabriel v Grech (No 5) [2020] NSWSC 759

Gabriel v Grech (No 5) [2020] NSWSC 759

The 2020 proceedings were consolidated with the existing proceedings because both arose from the same Local Court proceedings, the separate summons was an oversight and could have been brought as a cross-summons, and requiring a notice of motion or refusing consolidation would not advance the just, quick and cheap resolution of the real issues under s 56 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Common Law Civil Procedure Ruling / Directions Hearing Concerning Consolidation and Timetable for Request to Extend Time to Appeal
Outcome
Proceedings 2020/168163 were consolidated with proceedings 2017/273635 and directions were made for submissions and evidence on the first defendant's request to extend time to appeal.
Legal Topics
['consolidation of Proceedings' 'directions' 'extension of Time to Appeal' 'overriding Purpose']
['civil Procedure'] ['consolidation of Proceedings' 'directions' 'extension of Time to Appeal' 'overriding Purpose']

Case Brief

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Procedural Posture

Common Law Civil Procedure Ruling / Directions Hearing Concerning Consolidation and Timetable for Request to Extend Time to Appeal

Legal Issues

  1. 1 ['Whether proceedings 2020/168163 should be consolidated with proceedings 2017/273635.' 'Whether consolidation should be ordered despite the absence of a notice of motion or evidence in support.' "What directions should be made for the first defendant's request to extend time to appeal."]

Ratio Decidendi

The 2020 proceedings were consolidated with the existing proceedings because both arose from the same Local Court proceedings, the separate summons was an oversight and could have been brought as a cross-summons, and requiring a notice of motion or refusing consolidation would not advance the just, quick and cheap resolution of the real issues under s 56 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Proceedings 2020/168163 were consolidated with proceedings 2017/273635 and directions were made for submissions and evidence on the first defendant's request to extend time to appeal.

Orders

  • ['The directions hearing on 17 June 2020 at 10:10am before the Registrar in proceedings 2020/168163 be vacated.' 'That proceedings 2020/168163 be consolidated with proceedings 2017/273635.' "The first defendant file and serve written submissions and any evidence on the first defendant's request to extend time to...