Clark v Robards [2016] NSWCA 187

Clark v Robards [2016] NSWCA 187

The cumulative and unexplained delay in prosecuting the 2005 Proceedings, combined with repeated failures to produce properly pleaded claims despite multiple opportunities, justifies summary dismissal for want of due despatch under UCPR r 12.7. The difficulties arising from custody and self-representation, while considered, do not sufficiently excuse the longstanding inaction and defects. The dismissal properly extends to all respondents.

Parties
Appellant: Peter Frederick Clark; First Respondent: Timothy Neil Robards; Second Respondent: Terrence Lloyd Robards; Third Respondent: State of New South Wales; Amicus Curiae: M Heath
Jurisdiction
Australia
Judgment Date
09 August 2016
Procedural Posture
Appeal / Judgment on Appeal Against Summary Dismissal of Proceedings
Outcome
Appeal dismissed
Legal Topics
Summary Dismissal, Want of Due Despatch, Failure to Prosecute, Strike Out, Pleadings, Delay, Prison Litigation
Civil Procedure Summary Dismissal Want of Due Despatch Failure to Prosecute Strike Out Pleadings Delay Prison Litigation

Case Brief

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Parties

Peter Frederick Clark

Appellant

Timothy Neil Robards

First Respondent

Terrence Lloyd Robards

Second Respondent

State of New South Wales

Third Respondent

M Heath

Amicus Curiae

Procedural Posture

Appeal / Judgment on Appeal Against Summary Dismissal of Proceedings

Legal Issues

  1. 1 Whether the 2005 Proceedings should have been dismissed for want of due despatch
  2. 2 Appropriateness of summary dismissal as against unrepresented litigant in custody
  3. 3 Whether satisfactory explanation exists for delay

Ratio Decidendi

The cumulative and unexplained delay in prosecuting the 2005 Proceedings, combined with repeated failures to produce properly pleaded claims despite multiple opportunities, justifies summary dismissal for want of due despatch under UCPR r 12.7. The difficulties arising from custody and self-representation, while considered, do not sufficiently excuse the longstanding inaction and defects. The dismissal properly extends to all respondents.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the appeal of Timothy Robards, Terrence Robards and the State of New South Wales.