Boddan v Golden Edge Homes (NSW) Pty Limited [2010] NSWDC 141

Boddan v Golden Edge Homes (NSW) Pty Limited [2010] NSWDC 141

Despite multiple breaches by the plaintiffs of directions to serve evidence, the court grants a final opportunity to comply given the expense already incurred; failure to do so will result in dismissal of proceedings and costs liability.

Jurisdiction
Australia
Judgment Date
17 May 2010
Procedural Posture
Civil / Interlocutory Application for Dismissal and Case Management Orders
Outcome
Plaintiffs granted final opportunity to serve evidence; if they fail, proceedings to be dismissed without further order and with costs to defendant.
Legal Topics
['dismissal for Delay' 'case Management' 'statute of Limitations' 'breach of Statutory Warranty' 'tort Claim']
['civil Procedure'] ['dismissal for Delay' 'case Management' 'statute of Limitations' 'breach of Statutory Warranty' 'tort Claim']

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Procedural Posture

Civil / Interlocutory Application for Dismissal and Case Management Orders

Legal Issues

  1. 1 ["Whether the plaintiffs' claim should be dismissed for persistent non-compliance with court orders and delay" 'Whether claims are statute barred']

Ratio Decidendi

Despite multiple breaches by the plaintiffs of directions to serve evidence, the court grants a final opportunity to comply given the expense already incurred; failure to do so will result in dismissal of proceedings and costs liability.

Court Disposition

Plaintiffs granted final opportunity to serve evidence; if they fail, proceedings to be dismissed without further order and with costs to defendant.

Orders

  • ['The plaintiffs are to serve any further evidence by 4pm on 18 June 2010.' 'The plaintiffs are to file and serve a certificate from their solicitor confirming all evidence served by 4pm on 18 June 2010.' 'The defendant is to serve its evidence by 4pm on 16 July 2010.' 'The plaintiffs may serve evidence in reply by...