NSW Caselaw
New South Wales Supreme Court CITATION : Alchin v Den Houting & Anor [1999] NSWSC 424 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 16133/90 HEARING DATE(S) : 28 April 1999 JUDGMENT DATE : 11 May 1999
Colin Allan William Alchin (Plaintiff)
PARTIES : Peter Den Houting (First Defendant)
Griffith Base Hospital (Second Defendant) JUDGMENT OF : Master Harrison
Ms M Sneddon (Plaintiff) COUNSEL : Mr F Curtis (Defendants) Denniston & Day, Wagga Wagga (Plaintiff)
SOLICITORS : Ms K Lalich of Colin Biggers & Paisley, Sydney (First Defendant)
Ms R Greenland of Lynn Boyd Solicitors, Sydney (Second Defendant) CATCHWORDS : Dismiss statement of claim Birkett v James [1977] 2 All ER 801; AC 297 at 318 Witten v Lomard Australia Ltd (1968) 88 WN (Pt 1) (NSW) 405 at 411 CASES CITED : Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1986) 4 NSWLR 491 McKenna v McKenna [1984] VR 665 Stollznow v Calvert [1980] s NSWLR 749 Clarke v Sippe & Ors (NSWSC, unreported, 6 May 1998) DECISION : See para 27
13
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
TUESDAY, 11 MAY 1999
16133/90 - COLIN ALLAN WILLIAM ALCHIN v PETER DEN HOUTING & ANOR
JUDGMENT (Dismiss statement of claim)
1 MASTER: By notice of motion filed 12 March 1996 the first defendant seeks that the statement of claim be struck out for want of prosecution and by notice of motion filed 2 April 1996 the second defendant seeks the same order. The first defendant relied on the affidavits of William John Hawson sworn 12 March 1996. The second defendant relied on the affidavit of his solicitor Sarah Marie Henry sworn 28 March 1996 and Rowena Mary Greenland sworn 19 February 1999. The plaintiff relied on three affidavits of Colin Lawrence Day sworn 25 June 1996, 22 September 1998 and 23 April 1999 and the affidavit of Janice Margaret Dawson sworn 23 April 1999. 2 The defendants' motions came before the court on various occasions in May, June and July 1996. On 2 July 1996 they were stood over
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