El-Saeidy v Prowse; El-Saeidy v McAnulty [2017] NSWSC 1610

El-Saeidy v Prowse; El-Saeidy v McAnulty [2017] NSWSC 1610

The proceedings were dismissed because they had not been pursued with due despatch, Mr El-Saeidy repeatedly failed to comply with Court orders and his obligations under s 56 of the Civil Procedure Act 2005 (NSW), and the Local Court decisions challenged in the proceedings had been overtaken by a District Court appeal judgment, making further pursuit of the proceedings incompetent under Rule 13.4.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Notice of Motion Seeking Dismissal of Proceedings / Hearing Before Duty Judge; Plaintiff Did Not Appear
Outcome
The proceedings in matter numbers 377340 of 2015 and 78142 of 2016 were dismissed, with costs to the Attorney General.
Legal Topics
['dismissal of Proceedings' 'no Reasonable Cause of Action' 'failure to Prosecute With Due Despatch' 'costs']
['civil Procedure'] ['dismissal of Proceedings' 'no Reasonable Cause of Action' 'failure to Prosecute With Due Despatch' 'costs']

Case Brief

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Procedural Posture

Notice of Motion Seeking Dismissal of Proceedings / Hearing Before Duty Judge; Plaintiff Did Not Appear

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed under Rule 13.4 on the basis that they do not disclose a reasonable cause of action.' "Whether the procedural history and the plaintiff's repeated non-compliance with Court orders justified dismissal." 'Whether challenges to Local Court orders remained competent after the District Court appeal judgment.']

Ratio Decidendi

The proceedings were dismissed because they had not been pursued with due despatch, Mr El-Saeidy repeatedly failed to comply with Court orders and his obligations under s 56 of the Civil Procedure Act 2005 (NSW), and the Local Court decisions challenged in the proceedings had been overtaken by a District Court appeal judgment, making further pursuit of the proceedings incompetent under Rule 13.4.

Court Disposition

The proceedings in matter numbers 377340 of 2015 and 78142 of 2016 were dismissed, with costs to the Attorney General.

Orders

  • ['The proceedings in matter numbers 377340 of 2015 and 78142 of 2016 be dismissed.' "Mr El-Saeidy is to pay the Attorney General's costs, as agreed or assessed."]