Clark v Robards [2015] NSWCA 140

Clark v Robards [2015] NSWCA 140

Leave to appeal was granted against the primary judge's dismissal of causes of action from the 2005 pleading (other than Part A, par 10, conspiracy charge) because the reasoning based on delay was arguably unjustified given the procedural context; global dismissal was inappropriate given arguable cases remained on foot.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted in part; application otherwise dismissed
Legal Topics
['pleading' 'summary Dismissal' 'vexatious Proceedings' 'abuse of Process' 'want of Due Despatch']
['civil Procedure'] ['pleading' 'summary Dismissal' 'vexatious Proceedings' 'abuse of Process' 'want of Due Despatch']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against summary dismissal for want of due despatch' 'Appropriateness of global dismissal based on delay when older proceedings remain on foot' 'Whether specific causes of action in amended pleadings disclose arguable cases']

Ratio Decidendi

Leave to appeal was granted against the primary judge's dismissal of causes of action from the 2005 pleading (other than Part A, par 10, conspiracy charge) because the reasoning based on delay was arguably unjustified given the procedural context; global dismissal was inappropriate given arguable cases remained on foot.

Court Disposition

Leave to appeal granted in part; application otherwise dismissed

Orders

  • ['Grant leave to appeal against so much of the judgment as dismissed paragraphs of the proposed amended statement of claim which dealt with causes of action to be found in the 2005 pleading, other than conspiracy charge (Part A, par 10), considered by Harrison J in June 2010' 'Otherwise dismiss the summons seeking...