Arinson Pty Limited v Valuer General; Omaya Holding Pty Ltd; Omaya Investments Pty Limited v Valuer General [2017] NSWLEC 164

Arinson Pty Limited v Valuer General; Omaya Holding Pty Ltd; Omaya Investments Pty Limited v Valuer General [2017] NSWLEC 164

The consistent failure of each Applicant to comply with court directions, attend hearings, and prosecute their cases warranted dismissal pursuant to Pt 12 r 7 of the Uniform Civil Procedure Rules 2005; notice of motion and adequate opportunity to respond were given.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Class 3 Valuation Appeals / Strikeout Application; Orders Made
Outcome
All proceedings dismissed for want of prosecution; costs awarded to Respondent as agreed or assessed.
Legal Topics
['strikeout for Want of Prosecution' 'failure to Comply With Court Directions' 'dismissal Pursuant to Pt 12 R 7 Uniform Civil Procedure Rules 2005' 'costs Orders']
['civil Procedure'] ['strikeout for Want of Prosecution' 'failure to Comply With Court Directions' 'dismissal Pursuant to Pt 12 R 7 Uniform Civil Procedure Rules 2005' 'costs Orders']

Source-derived case record

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Procedural Posture

Class 3 Valuation Appeals / Strikeout Application; Orders Made

Legal Issues

  1. 1 ['Should the proceedings be struck out for want of prosecution due to failure to comply with directions and procedural requirements?']

Ratio Decidendi

The consistent failure of each Applicant to comply with court directions, attend hearings, and prosecute their cases warranted dismissal pursuant to Pt 12 r 7 of the Uniform Civil Procedure Rules 2005; notice of motion and adequate opportunity to respond were given.

Court Disposition

All proceedings dismissed for want of prosecution; costs awarded to Respondent as agreed or assessed.

Orders

  • ["In each of matters 186765, 183400, 183361, 183371, 183362, and 183340 of 2016, proceedings dismissed pursuant to Pt 12 r 7 of the Uniform Civil Procedure Rules 2005; Applicant to pay Respondent's costs as agreed or assessed."]