Elphick v Elphick [2016] NSWSC 1674

Elphick v Elphick [2016] NSWSC 1674

Given the history of the proceedings, including the Plaintiffs' non-appearance on previous listings, the Court's notice to the Plaintiffs that the proceedings had been listed and may be dismissed if they did not attend, and the absence of any appearance by or on behalf of the Plaintiffs, the Court was satisfied that the proceedings should be dismissed pursuant to r 13.6 Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
25 November 2016
Procedural Posture
Common Law Proceedings / Dismissal of Proceedings for Failure of Plaintiffs to Appear Pursuant to R 13.6 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Proceedings dismissed; Plaintiffs to pay the Second to Fourth Defendants' costs of the proceedings.
Legal Topics
['dismissal of Proceedings' 'failure of Plaintiff to Appear' 'uniform Civil Procedure Rules 2005 (nsw) R 13.6' 'costs']
['civil Procedure'] ['dismissal of Proceedings' 'failure of Plaintiff to Appear' 'uniform Civil Procedure Rules 2005 (nsw) R 13.6' 'costs']

Case Brief

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Procedural Posture

Common Law Proceedings / Dismissal of Proceedings for Failure of Plaintiffs to Appear Pursuant to R 13.6 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed under r 13.6 Uniform Civil Procedure Rules 2005 (NSW) because there was no attendance by or on behalf of the Plaintiffs after notice that the proceedings may be dismissed.']

Ratio Decidendi

Given the history of the proceedings, including the Plaintiffs' non-appearance on previous listings, the Court's notice to the Plaintiffs that the proceedings had been listed and may be dismissed if they did not attend, and the absence of any appearance by or on behalf of the Plaintiffs, the Court was satisfied that the proceedings should be dismissed pursuant to r 13.6 Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Proceedings dismissed; Plaintiffs to pay the Second to Fourth Defendants' costs of the proceedings.

Orders

  • ['Proceedings commenced 23 March 2016 dismissed pursuant to r 13.6 Uniform Civil Procedure Rules 2005 (NSW).' "Plaintiffs to pay the Second to Fourth Defendants' costs of the proceedings."]