Horizons (Asia) Pty Ltd v CLC Deliveries Pty Ltd [2021] NSWSC 1486

Supreme Court New South Wales

Medium Neutral Citation: Horizons (Asia) Pty Ltd v CLC Deliveries Pty Ltd [2021] NSWSC 1486 Hearing dates: 18 November 2021 Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the plaintiff's notice of motion filed 17 November 2021. 2. Dismiss the proceedings pursuant to s 61 of the Civil Procedure Act 2005 (NSW) and r 12.7 of the Uniform Civil Procedure Rules 2005 (NSW). 3. The plaintiff is to pay the defendant's costs of the proceedings including the costs of the plaintiff's notice of motion filed 17 November 2021 and of the defendant's notice of motion filed 22 June 2021. Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings — proceedings brought by plaintiff in the form of an appeal from a Local Court judgment — summons did not contain statement setting out grounds relied on in support of the appeal — Registrar made directions for filing and serving of amended summons, documents required under r 50.14 UCPR and written submissions — non-compliance with Registrar's orders over a 10 month period to the hearing of defendant's motion — no explanation for failure to comply — where failures so egregious that dismissal of proceedings is justified under both s 61 of the Civil Procedure Act and r 12.7 of the UCPR — proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58, 61 Local Court Act 2007 (NSW) s40 Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 50.4, 50.14 Cases Cited: Aon Risk Services Australia v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Texts Cited: Nil Category: Procedural rulings Parties: Horizons (Asia) Pty Ltd (Plaintiff) CLC Deliveries Pty Ltd (Defendant) Representation: Counsel: No appearance (Plaintiff) D Birch (Defendant)