NSW Caselaw
New South Wales Supreme Court
CITATION : Kane v Wyllie [2006] NSWSC 710
HEARING DATE(S) : 11/07/06 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 07/11/2006
DECISION : Plaintiffs ordered to serve further amended statement of claim and file application for leave by the following day. Proceedings to stand dismissed if failure to comply with either order. Plaintiffs to pay defendant's costs of the motion.
CATCHWORDS : PROCEDURE - Summary termination - Failure to comply with orders of Registrar to serve proposed further amended statement of claim on four occasions - Sole practitioner who suffered heart attack and later underwent triple bypass operation during the relevant period - Whether the proceedings should be dismissed - Document ready for service within short space of time
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
Fairey v Fairey (No 2) [2000] NSWCA 173 CASES CITED : Witten v Lombard Australia Ltd [1968] 2 NSWR 529 Stollznow v Calvert [1980] 2 NSWLR 749 Micallef v ICI Operations Pty Ltd & Anor [2001] NSWCA 274
Peter Nicholas Kane - 1st Plaintiff Coastal Air Services (Aust) Pty Ltd - 2nd Plaintiff PARTIES : William Anthony Wyllie - 1st Defendant Sydney Harbour Seaplanes Pty Ltd - 2nd Defendant Vengreen Pty Ltd - 3rd Plaintiff
FILE NUMBER(S) : SC 2567/04
COUNSEL : Mr A Jungwirth - Plaintiffs Mr J Lazarus - Defendants
SOLICITORS : John Capsanis & Co Solicitors & Barristers - Plaintiffs C G Gillis & Co, Lawyers - Defendants
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