Carey v SRA of NSW and Ors [2008] NSWDDT 9

Carey v SRA of NSW and Ors [2008] NSWDDT 9

Although substantial delay had occurred and the plaintiff had not provided a current claim proposal, cl 16(2) required such a proposal only when the plaintiff was ready to proceed. The plaintiff was not ready to proceed. In addition, cl 19 prevented the Tribunal from regulating or case managing proceedings while the claim remained subject to the Claims Resolution Process. The application therefore could not be granted.

Jurisdiction
Australia
Judgment Date
14 April 2008
Procedural Posture
Dust Diseases Damages Claim / Fifth Defendant's Notice of Motion to Remove the Claim From the Claims Resolution Process and Dismiss the Proceedings for Want of Prosecution
Outcome
Notice of motion dismissed with costs payable by the fifth defendant to the plaintiff respondent.
Legal Topics
['claims Resolution Process' 'want of Prosecution' 'delay' 'case Management' 'current Claim Proposal']
['dust Diseases' 'civil Procedure'] ['claims Resolution Process' 'want of Prosecution' 'delay' 'case Management' 'current Claim Proposal']

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

Dust Diseases Damages Claim / Fifth Defendant's Notice of Motion to Remove the Claim From the Claims Resolution Process and Dismiss the Proceedings for Want of Prosecution

Legal Issues

  1. 1 ["Whether the plaintiff's claim should be removed from the Claims Resolution Process under cl 22(1)(c) because of failure to comply with cl 16(2) and substantial delay." 'Whether the proceedings should be dismissed for want of prosecution while the claim was subject to the Claims Resolution Process.']

Ratio Decidendi

Although substantial delay had occurred and the plaintiff had not provided a current claim proposal, cl 16(2) required such a proposal only when the plaintiff was ready to proceed. The plaintiff was not ready to proceed. In addition, cl 19 prevented the Tribunal from regulating or case managing proceedings while the claim remained subject to the Claims Resolution Process. The application therefore could not be granted.

Court Disposition

Notice of motion dismissed with costs payable by the fifth defendant to the plaintiff respondent.

Orders

  • ['The notice of motion filed 3 April 2008 is dismissed.' "The applicant, the fifth defendant, is to pay the plaintiff respondent's costs as agreed or assessed."]