NSW Caselaw
New South Wales Supreme Court
CITATION : Collendina Pty Limited & Ors v Murray Darling Basin Commission & Ors [2007] NSWSC 1053
HEARING DATE(S) : 18 September 2007
JUDGMENT DATE : 20 September 2007
JUDGMENT OF : Harrison J
DECISION : See paragraphs 29 and 30.
CATCHWORDS : PRACTICE & PROCEDURE - application in nature of show cause - plaintiffs' ability to prosecute proceedings - failure to file lay and expert evidence over extended period - failure to comply with orders to do so - whether proceedings should be dismissed for want of due despatch - prospect of fair and proper determination of issues despite delay
LEGISLATION CITED : Civil Procedure Rules 2005 - rule 36.15
Collendina Pty Limited (first plaintiff) Rohan Geoffrey Cranney (second plaintiff) David Kenneth Cranney (third plaintiff) Cranney Properties Pty Limited (fourth plaintiff) Wongala Holdings Pty Limited (fifth plaintiff) Murray Darling Basin Commission (first defendant) PARTIES : John Lovering (second defendant) Geoff Gorrie (third defendant) Phillip Toyne (fourth defendant) Kevin Sheridan (fifth defendant) Michael Taylor (sixth defendant) David Stringer (seventh defendant) Edward Phipps (eighth defendant) Dennis Mutton (ninth defendant)
FILE NUMBER(S) : SC 20005 of 2003
COUNSEL : N Obrart (plaintiffs) F Kunc (defendants)
SOLICITORS : Sydney Cove Law Group (plaintiffs) Blake Dawson Waldron (defendants)
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