Tho and L Firm

The Honourable Justice Cronin presided over proceedings involving the applicant and the respondent. The core of the dispute, as evidenced by the applications filed by the parties, concerned matters requiring final determination by the court.

The court was tasked with determining the procedural steps necessary to bring the matter to a final hearing. This included setting timelines for the exchange of evidence, the preparation of expert reports, and the filing of submissions. The court also had to consider the management of the defended list and the potential consequences of non-compliance with its directions.

Justice Cronin directed that practitioners for both parties instruct a single expert witness, Mr Weingart, to prepare a report according to specified terms. The court adjourned the applications for final hearing, allocating a specific period and noting that the position in the defended list might evolve. Strict deadlines were imposed for the filing and service of evidence-in-chief affidavits by both the applicant and the respondent, with a requirement for the applicant to pay the trial fee by a specified date unless a waiver was obtained. The court also provided liberty for parties to approach the registrar to vary obligations and outlined a detailed protocol for the registrar to follow in the event of non-compliance by any party, including the possibility of the case being struck out or referred to the trial judge or Case Management Judge. Furthermore, practitioners were ordered to electronically file specific documents with the Associate by a set deadline, including a concise set of orders sought, a list of affidavits and relevant paragraphs, a list of assets and liabilities, and a summary of argument.