Hampouris v Coles Supermarkets Australia Pty Limited [2020] NSWSC 1827

Supreme Court New South Wales

Medium Neutral Citation: Hampouris v Coles Supermarkets Australia Pty Limited [2020] NSWSC 1827 Hearing dates: 06 August 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The orders made by Registrar Kenna on 22 November 2018 are set aside. (2) The proceedings are reinstated to the list. (3) Pursuant to r 1.12 of the UCPR, I extend the time for the plaintiff to serve her Statement of Claim to 5:00pm 7 August 2020. (4) Each party is to bear its own costs of this application. (5) The plaintiff is to file and serve an updated, rule- compliant Amended Statement of Particulars on or before 8 February 2021. (6) The defendant is to file and serve its Defence on or before 19 January 2021. (7) The matter is listed for directions before Lonergan J at 9:30am on Tuesday 15 February 2021. Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings by court of its own motion— non-appearance of parties due to service of proceedings to outdated address — application to set aside orders made by the Registrar in the absence of the parties and reinstate proceedings — plaintiff unaware of non-appearance by solicitor and dismissal of proceedings — steps taken by the plaintiff personally to pursue the matter once statement of claim filed — plaintiff herself blameless - whether the defendant is prejudiced — whether a fair trial can be held — application of plaintiff to extend time for service of statement of claim Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Andresakis & Skouteris v Alexus Holding Pty Ltd (2006) 68 NSWLR 507 Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Pell v Hodges [2007] NSWCA 234 Tolcher v Gordon (2005) 53 ACSR 442; [2005] NSWCA 135 Category: Procedural and other rulings Parties: Maria Hampouris (Plaintiff) Coles Supermarkets Australia Pty Limited (Defendant) Representation: Counsel: M Campbell (Plaintiff) N Polin SC (Defendant)