Ittyerah v Coles Supermarkets Pty Ltd [2022] NSWSC 1115

Ittyerah v Coles Supermarkets Pty Ltd [2022] NSWSC 1115

The proceedings against the sixth defendant were dismissed without prejudice as the plaintiff was unable to comply with amendment orders and preferred dismissal, with liberty to recommence in an appropriate court within time; costs were ordered in favour of the sixth defendant save as to the costs of its unsuccessful summary dismissal motion.

Jurisdiction
Australia
Judgment Date
22 August 2022
Procedural Posture
Civil / Post Judgment Orders on Dismissal Motion
Outcome
Proceedings against sixth defendant dismissed without prejudice; plaintiff to pay costs excluding those of sixth defendant's unsuccessful motion of 8 June 2021.
Legal Topics
['summary Disposal' 'dismissal of Proceedings' 'jurisdiction' 'costs']
['civil Procedure'] ['summary Disposal' 'dismissal of Proceedings' 'jurisdiction' 'costs']

Case Brief

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Procedural Posture

Civil / Post Judgment Orders on Dismissal Motion

Legal Issues

  1. 1 ['Whether proceedings against sixth defendant should be dismissed without prejudice' 'Whether proceedings should be transferred to District Court' 'Whether costs should be awarded to sixth defendant and to what extent']

Ratio Decidendi

The proceedings against the sixth defendant were dismissed without prejudice as the plaintiff was unable to comply with amendment orders and preferred dismissal, with liberty to recommence in an appropriate court within time; costs were ordered in favour of the sixth defendant save as to the costs of its unsuccessful summary dismissal motion.

Court Disposition

Proceedings against sixth defendant dismissed without prejudice; plaintiff to pay costs excluding those of sixth defendant's unsuccessful motion of 8 June 2021.

Orders

  • ["The plaintiff's proceedings against the sixth defendant are dismissed without prejudice to the plaintiff's entitlement to recommence the proceedings in an appropriate court and within any limitation period applicable to any cause of action he wishes to propound." "The plaintiff is to pay the sixth defendant's...