Raymond HOSER v Christopher HARTCHER [1999] NSWSC 527

Raymond HOSER v Christopher HARTCHER [1999] NSWSC 527

Striking out the statement of claim is not warranted because both parties have been equally lethargic; the defendant has not demonstrated particularised or irremediable prejudice arising from the plaintiff's delay—the defendant's own inactivity lessens the weight of general prejudice asserted; and the interests of justice are not met by dismissing the claim for want of prosecution under these circumstances.

Parties
Plaintiff: Raymond Hoser; Defendant: Christopher Hartcher
Jurisdiction
Australia
Judgment Date
02 June 1999
Procedural Posture
Defamation / Interlocutory Application to Strike Out for Want of Prosecution
Outcome
Notice of motion dismissed
Legal Topics
Want of Prosecution, Delay in Proceedings, Discretion to Strike Out, Prejudice to Parties, Defamation Imputation, Explanation for Delay
Defamation Civil Procedure Want of Prosecution Delay in Proceedings Discretion to Strike Out Prejudice to Parties Defamation Imputation Explanation for Delay

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Parties

Raymond Hoser

Plaintiff

Christopher Hartcher

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out for Want of Prosecution

Legal Issues

  1. 1 Whether statement of claim in defamation proceedings should be struck out for want of prosecution
  2. 2 Whether delay in prosecution of the claim caused irremediable prejudice to the defendant
  3. 3 How each party's conduct and delay affected justice between the parties

Ratio Decidendi

Striking out the statement of claim is not warranted because both parties have been equally lethargic; the defendant has not demonstrated particularised or irremediable prejudice arising from the plaintiff's delay—the defendant's own inactivity lessens the weight of general prejudice asserted; and the interests of justice are not met by dismissing the claim for want of prosecution under these circumstances.

Court Disposition

Notice of motion dismissed

Orders

  • Notice of motion to strike out statement of claim for want of prosecution is dismissed.