Ghambir v Vision of IT Pty Ltd [2023] NSWSC 905

Supreme Court New South Wales

Medium Neutral Citation: Ghambir v Vision of IT Pty Ltd [2023] NSWSC 905 Hearing dates: 21 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Application pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 12.7 seeking dismissal of the respondent's further amended summons is dismissed. (2) The hearing set for 8 August 2023 is vacated. (3) The respondent is to pay the costs of and incidental to this application. (4) The matter be listed for directions before the Registrar on 4 August 2023. Catchwords: CIVIL PROCEDURE – dismissal of proceedings for want of due despatch – show cause hearing – failure to comply with Court orders – delay – where events have transpired which have interfered with capacity to bring matter to state where ready for hearing – respondent given further opportunity – costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Nardell Coal Corporation (in liq) v Hunter Valley Coal Processing [2003] NSWSC 642; (2003) 178 FLR 400 Cases Cited: Bi v Mourad [2010] NSWCA 17 Ghosh v NineMSN Pty Ltd [2015] NSWCA 334 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Nardell Coal Corporation (in liq) v Hunter Valley Coal Processing [2003] 178 FLR 400; [2003] NSWSC 642 Stollznow v Calvert [1980] 2 NSWLR 749 Whitton v Lombard Australia Ltd [1968] 2 NSWLR 529 Ghosh v NineMSN Pty Ltd (2015) 90 NSWLR 595 [2015] NSWCA 334 Witten v Lombard Australia Ltd [1968] 2 NSWR 529 Nardell Coal Corporation (in liq) v Hunter Valley Coal Processing [2003] NSWSC 642; (2003) 178 FLR 400 Category: Procedural rulings Parties: Manpreet Gambhir (Respondent/Plaintiff) Vision of IT Pty Ltd (Applicant/Defendant) Representation: Counsel: M Langenheim (Respondent/Plaintiff) G Diggins (Applicant/ Defendant)