Young & anor v Outtrim [2010] NSWSC 1283

Young & anor v Outtrim [2010] NSWSC 1283

The court may set aside a dismissal order under UCPR r 13.6 using the discretionary power in UCPR r 36.16 when the non-appearance was due to solicitor error; in such circumstances, costs may be ordered against the responsible solicitor under Civil Procedure Act 2005 s 99.

Jurisdiction
Australia
Judgment Date
29 September 2010
Procedural Posture
Civil Equity / Interlocutory Application to Set Aside Dismissal Order
Outcome
Order dismissing proceedings set aside; costs of notice of motion to be paid by plaintiffs' solicitor; leave granted to amend summons; various procedural directions.
Legal Topics
['setting Aside Dismissal' 'costs Orders Against Solicitors' 'reinstatement of Proceedings']
['civil Procedure'] ['setting Aside Dismissal' 'costs Orders Against Solicitors' 'reinstatement 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 Equity / Interlocutory Application to Set Aside Dismissal Order

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has power to set aside an order of dismissal under UCPR r 13.6' 'Whether costs should be awarded against a solicitor for repeated oversights and omissions']

Ratio Decidendi

The court may set aside a dismissal order under UCPR r 13.6 using the discretionary power in UCPR r 36.16 when the non-appearance was due to solicitor error; in such circumstances, costs may be ordered against the responsible solicitor under Civil Procedure Act 2005 s 99.

Court Disposition

Order dismissing proceedings set aside; costs of notice of motion to be paid by plaintiffs' solicitor; leave granted to amend summons; various procedural directions.

Orders

  • ['Order of dismissal made 20 July 2010 set aside.' 'Plaintiff granted leave to file amended summons within seven days.' "Plaintiff to pay defendant's costs occasioned by amendment of the summons." "Plaintiffs' solicitor Vrege Kolokossian to pay defendant’s costs of the notice of motion filed 20 September 2010,...