Dickens v State of New South Wales (No 3) [2018] NSWSC 485

Dickens v State of New South Wales (No 3) [2018] NSWSC 485

The proceedings were dismissed because, after multiple opportunities, the plaintiff repeatedly failed to file a statement of claim that complied with the rules or disclosed a viable cause of action; any further allowance would unfairly burden the defendant and Court, and continuation would be contrary to the Civil Procedure Act.

Parties
Plaintiff: Mr Dickens (a pseudonym); First Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
19 April 2018
Procedural Posture
Civil / Application for Dismissal Due to Deficient Pleadings; Orders Made on Final Basis
Outcome
Proceedings dismissed for want of due despatch and as an abuse of process; costs ordered in favour of the defendant.
Legal Topics
Pleadings, Dismissal for Want of Due Despatch, Abuse of Process, Self Represented Litigants, False Imprisonment, Intentional Infliction of Injury
Practice and Procedure Common Law Pleadings Dismissal for Want of Due Despatch Abuse of Process Self Represented Litigants False Imprisonment Intentional Infliction of Injury

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Parties

Mr Dickens (a pseudonym)

Plaintiff

State of New South Wales

First Defendant

Procedural Posture

Civil / Application for Dismissal Due to Deficient Pleadings; Orders Made on Final Basis

Legal Issues

  1. 1 Whether the plaintiff's further amended statement of claim complies with the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether the proceedings should be dismissed for want of due despatch
  3. 3 Whether the proceedings amount to an abuse of process

Ratio Decidendi

The proceedings were dismissed because, after multiple opportunities, the plaintiff repeatedly failed to file a statement of claim that complied with the rules or disclosed a viable cause of action; any further allowance would unfairly burden the defendant and Court, and continuation would be contrary to the Civil Procedure Act.

Court Disposition

Proceedings dismissed for want of due despatch and as an abuse of process; costs ordered in favour of the defendant.

Orders

  • Order that the proceedings be dismissed pursuant to Uniform Civil Procedure Rules 2005 (NSW) rr 12.7 and 13.4(1)(c).
  • Subject to a different order being sought within seven days, order the plaintiff to pay the first defendant's costs of the proceedings.