Laurence Foreman v Life Style Solutions Pty Ltd [2019] NSWSC 902

Laurence Foreman v Life Style Solutions Pty Ltd [2019] NSWSC 902

The proceedings are dismissed because no reasonable cause of action is disclosed pursuant to r 13.4, and the plaintiff failed to prosecute the proceedings with due despatch pursuant to r 12.7. The Court's discretion to dismiss is justified by the plaintiff's inaction and the lack of pleadings, especially given serious allegations against individuals who are not parties.

Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Civil / Summary Disposal Judgment on Notice of Motion to Dismiss
Outcome
Proceedings dismissed
Legal Topics
['summary Disposal' 'dismissal of Proceedings' 'want of Due Despatch' 'just, Quick and Cheap Resolution of Proceedings']
['civil Procedure'] ['summary Disposal' 'dismissal of Proceedings' 'want of Due Despatch' 'just, Quick and Cheap Resolution of Proceedings']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Summary Disposal Judgment on Notice of Motion to Dismiss

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed for want of due despatch or for failing to disclose a reasonable cause of action']

Ratio Decidendi

The proceedings are dismissed because no reasonable cause of action is disclosed pursuant to r 13.4, and the plaintiff failed to prosecute the proceedings with due despatch pursuant to r 12.7. The Court's discretion to dismiss is justified by the plaintiff's inaction and the lack of pleadings, especially given serious allegations against individuals who are not parties.

Court Disposition

Proceedings dismissed

Orders

  • ['Proceedings are dismissed pursuant to r 12.7 or r 13.4.' "Plaintiff is ordered to pay the Defendant's costs."]