MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 2) [2010] NSWSC 242

The proceedings are adjourned, with formal inquiry to follow regarding mediation at the next directions hearing, due to inadequacies in preparation for trial and need for case management; parties to comply with orders for readiness and accurate hearing estimate before resumption.

Parties: First Plaintiff: MM Constructions (Aust) Pty Limited; Second Plaintiff: Milan Maruncic; Defendant: Port Stephens Council
Jurisdiction: Australia
Judgment Date: 26 March 2010
Procedural Posture: Claim for Damages for Misfeasance in Public Office and Negligence / Adjourned Part Heard for Directions; Hearing Barely Commenced
Outcome: Proceedings adjourned part heard with directions to be given at subsequent hearing.
Legal Topics: Misfeasance in Public Office, Negligence, Case Management, Mediation

Civil Procedure Misfeasance in Public Office Negligence Case Management Mediation

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Parties

MM Constructions (Aust) Pty Limited

First Plaintiff

Milan Maruncic

Second Plaintiff

Port Stephens Council

Defendant

Procedural Posture

Claim for Damages for Misfeasance in Public Office and Negligence / Adjourned Part Heard for Directions; Hearing Barely Commenced

Legal Issues

1 Proper case management of the proceedings before resumption
2 Potential referral of matter to mediation
3 Compliance with Civil Procedure Act and Uniform Civil Procedure Rules

Ratio Decidendi

Court Disposition

Proceedings adjourned part heard with directions to be given at subsequent hearing.

Orders

Proceedings adjourned part heard before Johnson J until 10.00 am on Wednesday, 31 March 2010.
At the next hearing, judgment will be given on evidentiary objection.