Norman v Wall (No. 2) [2020] NSWSC 997

Supreme Court New South Wales

Medium Neutral Citation: Norman v Wall (No. 2) [2020] NSWSC 997 Hearing dates: 27 July 2020 Date of orders: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Refuse leave to the plaintiffs to file and rely upon the further amended statement of claim provided to the defendant and the Court at 5:49pm on 26 July 2020 and the plaintiffs' notice of motion filed 1 December 2019 dismissed; (2) The plaintiffs are to pay the defendant's costs of the notice of motion; (3) Pursuant to Rule 12.7 of the UCPR, the proceedings are dismissed for want of due despatch; (4) The plaintiffs are to pay the defendant's costs of the proceedings. Catchwords: CIVIL PROCEDURE — originating process — amendment — disallowance of amendment — Court to follow the dictates of justice — breach of court order as to filing of amended statement of claim — plaintiffs given assistance by the Court — plaintiffs referred to the Pro Bono Assistance Scheme — assistance unable to be pursued CIVIL PROCEDURE — summary disposal — dismissal of proceedings — want of due despatch — proceedings commenced more than one year ago — proceedings ought to be dismissed by the Court's own motion CIVIL PROCEDURE — parties — representation — by unqualified persons COSTS — party/party — general rule that costs follow the event — application of the rule and discretion — plaintiffs have failed in their action to amend the statement of claim Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law (NSW) Real Property Act 1900 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Darwin v Norman [2020] NSWSC 356 Norman v Wall [2020] NSWSC 129 Category: Procedural and other rulings Parties: Gillian Linda Norman (First Plaintiff) Ron Berry (Second Plaintiff) Wrothwell Wall (Defendant) Representation: Counsel: J Raftery (Defendant) Solicitors: G Norman (Self-Represented) R Berry (Self-Represented) Gilchrist Connell Lawyers (Defendant) File Number(s): 2019/196798 Publication restriction: Nil