Johnston v The Greens NSW Incorporated

The applicant, Johnston, sought leave to appeal against a decision of the primary court. The respondent was The Greens NSW Incorporated. A settlement agreement had been reached between the parties, however, an outstanding issue remained regarding the precise parties bound by that agreement, and consequently, whether the proceeding should be wholly or partially discontinued. Johnston applied to vacate the hearing of the application for leave to appeal.

The Court of Appeal was required to determine whether to vacate the hearing of the application for leave to appeal, and to provide directions regarding the future conduct of the proceedings in light of the settlement agreement and the unresolved issue of party identification. The Court also considered the appropriate orders concerning the costs of the application to vacate.

The Court determined that vacating the hearing was appropriate given the potential for settlement. It directed that if the matter was not discontinued within 28 days, the applicant was to notify the Registrar of the proceedings' status. The Court also granted leave to each active party to list the matter before the Registrar for further directions, requiring five working days' notice. The amended notice of motion was otherwise dismissed, and no order was made as to the costs of the day.