Morris-Harris-Keith v Hughes [2019] NSWSC 665

Morris-Harris-Keith v Hughes [2019] NSWSC 665

The plaintiff did not prosecute the proceedings with due dispatch, failed to provide any adequate explanation for delay, did not engage new solicitors, and failed to respond or appear despite multiple warnings. The obligation under s 56(3) of the Civil Procedure Act was breached. Dismissal of the proceedings and costs order are warranted under UCPR r 12.7(1).

Parties
Plaintiff: Troy Morris-Harris-Keith; First Defendant: Michael Hughes; Second Defendant: Louise Hughes
Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Civil / Application for Summary Dismissal for Want of Due Dispatch
Outcome
Proceedings dismissed for want of due dispatch; plaintiff to pay defendants' costs.
Legal Topics
Summary Disposal, Dismissal for Want of Due Despatch, UCPR R 12.7, Personal Injury Proceedings
Civil Procedure Summary Disposal Dismissal for Want of Due Despatch UCPR R 12.7 Personal Injury Proceedings

Case Brief

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Parties

Troy Morris-Harris-Keith

Plaintiff

Michael Hughes

First Defendant

Louise Hughes

Second Defendant

Procedural Posture

Civil / Application for Summary Dismissal for Want of Due Dispatch

Legal Issues

  1. 1 Whether the proceedings should be dismissed for want of prosecution under UCPR r 12.7(1)
  2. 2 Whether the plaintiff failed to prosecute the proceedings with due dispatch

Ratio Decidendi

The plaintiff did not prosecute the proceedings with due dispatch, failed to provide any adequate explanation for delay, did not engage new solicitors, and failed to respond or appear despite multiple warnings. The obligation under s 56(3) of the Civil Procedure Act was breached. Dismissal of the proceedings and costs order are warranted under UCPR r 12.7(1).

Court Disposition

Proceedings dismissed for want of due dispatch; plaintiff to pay defendants' costs.

Orders

  • The proceedings are dismissed pursuant to UCPR r 12.7(1).
  • The plaintiff is to pay the defendants' costs of the proceedings.