Kang v Australian Broadcasting Corporation [2015] NSWSC 893

Kang v Australian Broadcasting Corporation [2015] NSWSC 893

Given repeated and inadequately explained non-compliance with court directions and manifest prejudice to the defendants, the dictates of justice require dismissal of the proceedings under s 61 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Defamation / Summary Disposal; Application to Dismiss for Want of Due Despatch and Failure to Comply With Court Directions
Outcome
Proceedings dismissed
Legal Topics
['summary Disposal' 'failure to Comply With Court Directions' 'defamation Proceedings']
['civil Procedure'] ['summary Disposal' 'failure to Comply With Court Directions' 'defamation Proceedings']

Case Brief

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Procedural Posture

Defamation / Summary Disposal; Application to Dismiss for Want of Due Despatch and Failure to Comply With Court Directions

Legal Issues

  1. 1 ['Whether proceedings should be dismissed for failure to comply with court directions under s 61 Civil Procedure Act 2005 (NSW) and r 12.7 UCPR' 'Whether the plaintiffs had provided an adequate explanation for the delay']

Ratio Decidendi

Given repeated and inadequately explained non-compliance with court directions and manifest prejudice to the defendants, the dictates of justice require dismissal of the proceedings under s 61 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Proceedings dismissed

Orders

  • ['Proceedings dismissed']