Abdul Karim Augustine Elisha v Department of Community Services - Housing NSW [2020] NSWSC 1092

Supreme Court New South Wales

Medium Neutral Citation: Abdul Karim Augustine Elisha v Department of Community Services - Housing NSW [2020] NSWSC 1092 Hearing dates: 14 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) the proceedings commenced by way of statement of claim on 18 February, 2020 are dismissed. (2) There is no order as to costs. Catchwords: CIVIL PROCEDURE - summary dismissal - decision of the Department of Housing NSW - refusal of priority housing - where statement of claim discloses no cause of action - allegation of discrimination - reasons for delay Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 13.4, r 14.28, r 51.61, r 59.10 Cases Cited: Dyason v Butterworth [2015] NSWCA 52 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Category: Procedural and other rulings Parties: Abdul Karim Augustine Elisha (Plaintiff) Department of Community Services - Housing NSW (Defendant ) Representation: Counsel:

Solicitors: Abdul Karim Augustine Elisha (Self Represented) Department of Communities and Justice NSW (Defendant) File Number(s): 2020/53043