Capolupo v Chanthanavanheuang [2014] NSWSC 265

Capolupo v Chanthanavanheuang [2014] NSWSC 265

The cross-claim was not prosecuted with due despatch as required, adequate notice was given, and no steps were taken by the cross-claimant. Justice requires the cross-claim be dismissed and the cross-defendant awarded costs as sought.

Parties
Plaintiff: John Capolupo; First Defendant/cross Claimant: Soth Chanthavanheuang; Second Defendant: South Western Sydney Local Health Network; Cross Defendant: CGU Insurance
Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Civil / Interlocutory (motion for Dismissal of Cross Claim and Costs)
Outcome
Motion granted; cross-claim dismissed for want of prosecution; costs awarded to cross-defendant in fixed sum.
Legal Topics
Notice of Motion, Dismissal for Want of Prosecution, Costs Orders
Civil Procedure Notice of Motion Dismissal for Want of Prosecution Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Capolupo

Plaintiff

Soth Chanthavanheuang

First Defendant/cross Claimant

South Western Sydney Local Health Network

Second Defendant

CGU Insurance

Cross Defendant

Procedural Posture

Civil / Interlocutory (motion for Dismissal of Cross Claim and Costs)

Legal Issues

  1. 1 Whether the amended second cross-claim should be dismissed for want of prosecution under r 12.7 of the Uniform Civil Procedure Rules 2005
  2. 2 Whether the cross-defendant should be awarded costs in a fixed sum

Ratio Decidendi

The cross-claim was not prosecuted with due despatch as required, adequate notice was given, and no steps were taken by the cross-claimant. Justice requires the cross-claim be dismissed and the cross-defendant awarded costs as sought.

Court Disposition

Motion granted; cross-claim dismissed for want of prosecution; costs awarded to cross-defendant in fixed sum.

Orders

  • Amended second cross-claim dismissed pursuant to r 12.7 of the Uniform Civil Procedure Rules 2005
  • First defendant (Mr Chanthavanheuang) to pay cross-defendant's (CGU Insurance) costs in fixed sum of $15,000