Dunn, Marty Heath v Mee Youn Kim [2023] NSWSC 499

Supreme Court New South Wales

Medium Neutral Citation: Dunn, Marty Heath v Mee Youn Kim [2023] NSWSC 499 Hearing dates: 12 May 2023 Date of orders: 12 May 2023 Decision date: 12 May 2023 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Refuse to extend time for the filing of the application for leave to appeal from the orders of the judicial registrar in the District Court entered on 11 November 2020. (2) Dismiss the summons seeking leave to appeal filed on 29 September 2022. (3) Order that the plaintiff pay the second defendant's costs of the proceedings in this Court. Catchwords: APPEAL – appeal from orders of Judicial Registrar in District Court – appeal to Division – leave required – extension of time required – summons filed more than two years after material date CIVIL PROCEDURE – summary dismissal of proceedings – orders made in absence of plaintiff – plaintiff had provided in advance of hearing an adequate medical explanation for his non-attendance – application for adjournment refused as futile – proceedings dismissed on grounds of prejudice to defendants and need for just, quick and cheap resolution of proceedings Legislation Cited: District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 48 Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 13.4, 14.28, Pt 50, r 50.12 Category: Principal judgment Parties: Marty Heath Dunn (Plaintiff) Mee Youn Kim (First Defendant) Edwin Hong (Second Defendant) Representation: Counsel: Jethro Horowitz (First and Second Defendant)