Herring v Wright [2001] NSWSC 160

Herring v Wright [2001] NSWSC 160

The proceedings were dismissed because the plaintiff failed to provide evidence as directed by an earlier adjournment, and persisted in a procedurally hopeless situation; further, the correct mode of appeal was not followed under the governing statute.

Parties
Plaintiff: Cicero Herring; Defendant: Alwyn Wright
Jurisdiction
Australia
Judgment Date
26 February 2001
Procedural Posture
Appeal / Judgment
Outcome
Proceedings dismissed with costs
Legal Topics
Natural Justice, Procedural Fairness, Strike Out, Incompetence of Proceedings, Frivolous Proceedings
Civil Procedure Natural Justice Procedural Fairness Strike Out Incompetence of Proceedings Frivolous Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Cicero Herring

Plaintiff

Alwyn Wright

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied natural justice and procedural fairness by the Magistrate
  2. 2 Whether the proceedings should be struck out as incompetent and frivolous

Ratio Decidendi

The proceedings were dismissed because the plaintiff failed to provide evidence as directed by an earlier adjournment, and persisted in a procedurally hopeless situation; further, the correct mode of appeal was not followed under the governing statute.

Court Disposition

Proceedings dismissed with costs

Orders

  • Proceedings dismissed with costs
  • Application for adjournment refused