Greer v NSW Police Service & Ors [2002] NSWSC 914
The summons was dismissed because, after considering the plaintiff's material and the circumstances of his non-appearance, the Court found that the summons was clearly hopeless, doomed to failure and an abuse of process, and that a further adjournment would be futile and would only waste further costs.
- Jurisdiction
- Australia
- Judgment Date
- 23 September 2002
- Procedural Posture
- Common Law Division Summons / Defendants' Application to Have the Process Struck Aside or Dismissed
- Outcome
- Summons dismissed; plaintiff ordered to pay the costs of the Summons.
- Legal Topics
- ['litigant in Person' 'summary Dismissal' 'abuse of Process' 'adjournment' "motor Vehicle Driver's Licence" 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Common Law Division Summons / Defendants' Application to Have the Process Struck Aside or Dismissed
Legal Issues
- 1 ["Whether the matter should proceed in the plaintiff's absence despite a facsimile document purporting to be a medical certificate." 'Whether the summons should be dismissed as clearly hopeless, doomed to failure and an abuse of process.']
Ratio Decidendi
The summons was dismissed because, after considering the plaintiff's material and the circumstances of his non-appearance, the Court found that the summons was clearly hopeless, doomed to failure and an abuse of process, and that a further adjournment would be futile and would only waste further costs.
Court Disposition
Summons dismissed; plaintiff ordered to pay the costs of the Summons.
Orders
- ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.']
Full Case Text
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