Abela v Chevalier College [2024] NSWSC 50

Abela v Chevalier College [2024] NSWSC 50

It was unnecessary to determine the plaintiff's asserted lack of capacity, proposed appointment of a tutor, or desire to retain legal representation because the Court would refer the matter to mediation under s 26 of the Civil Procedure Act 2005 (NSW), vacate the listed hearing, and dismiss the notice of motion with no order as to costs.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Civil Procedure; Common Law / Notice of Motion Filed on 29 January 2024 Seeking Vacation of the Hearing Listed for 5 February 2024; Procedural Ruling Referring the Matter to Mediation
Outcome
Matter referred to mediation; hearing listed for 5 February 2024 vacated; notice of motion filed on 29 January 2024 dismissed with no order as to costs.
Legal Topics
['adjournment Application' 'appointment of Tutor' 'legal Representation' 'alternate Dispute Resolution' 'referral to Mediation' 'unpaid School Fees' 'default Judgments']
['civil Procedure'] ['adjournment Application' 'appointment of Tutor' 'legal Representation' 'alternate Dispute Resolution' 'referral to Mediation' 'unpaid School Fees' 'default Judgments']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure; Common Law / Notice of Motion Filed on 29 January 2024 Seeking Vacation of the Hearing Listed for 5 February 2024; Procedural Ruling Referring the Matter to Mediation

Legal Issues

  1. 1 ['Whether the hearing listed for 5 February 2024 should be vacated in circumstances where the plaintiff asserted lack of legal capacity, wished to have a tutor appointed, and sought to retain legal representation.' 'Whether the matter should be referred to mediation under s 26 of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

It was unnecessary to determine the plaintiff's asserted lack of capacity, proposed appointment of a tutor, or desire to retain legal representation because the Court would refer the matter to mediation under s 26 of the Civil Procedure Act 2005 (NSW), vacate the listed hearing, and dismiss the notice of motion with no order as to costs.

Court Disposition

Matter referred to mediation; hearing listed for 5 February 2024 vacated; notice of motion filed on 29 January 2024 dismissed with no order as to costs.

Orders

  • ['Under s 26 of the Civil Procedure Act 2005 (NSW), the matter be referred to mediation. The half-day mediation will take place before a Registrar of the Court commencing 2pm on 20 March 2024.' "On or before 16 February 2024 the plaintiff provide to the mediator and serve on the defendant a short statement not...