KITE v ICAC [2012] NSWSC 457

KITE v ICAC [2012] NSWSC 457

Leave to replead was granted as it was in the interests of justice, balanced against the long procedural history and inconvenience to the court, subject to strict terms including a self-executing order for dismissal with costs if the plaintiff failed to file and serve the amended statement of claim by the deadline.

Parties
Plaintiff: John Patrick Kite; Defendant: Independent Commission Against Corruption
Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Interlocutory Application / Application for Leave to File Amended Statement of Claim and Summary Dismissal Sought
Outcome
Leave granted to the plaintiff to replead subject to strict procedural conditions; adjournment granted on terms; self-executing dismissal ordered if deadline not met.
Legal Topics
Summary Dismissal, Amendment of Pleadings, Self Represented Litigant, Leave to Amend, Costs Thrown Away
Practice and Procedure Summary Dismissal Amendment of Pleadings Self Represented Litigant Leave to Amend Costs Thrown Away

Case Brief

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Parties

John Patrick Kite

Plaintiff

Independent Commission Against Corruption

Defendant

Procedural Posture

Interlocutory Application / Application for Leave to File Amended Statement of Claim and Summary Dismissal Sought

Legal Issues

  1. 1 Whether leave should be granted to plaintiff to further amend statement of claim
  2. 2 Whether proceedings should be summarily dismissed under Uniform Civil Procedure Rules 2005

Ratio Decidendi

Leave to replead was granted as it was in the interests of justice, balanced against the long procedural history and inconvenience to the court, subject to strict terms including a self-executing order for dismissal with costs if the plaintiff failed to file and serve the amended statement of claim by the deadline.

Court Disposition

Leave granted to the plaintiff to replead subject to strict procedural conditions; adjournment granted on terms; self-executing dismissal ordered if deadline not met.

Orders

  • Leave to the plaintiff to replead, file and serve a proposed further amended statement of claim on or before 1 June 2012.
  • If the plaintiff does not serve a proposed further amended statement of claim pursuant to Order 1, the proceedings are dismissed with costs pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005, in which event Orders 4 and 5 are vacated.