NSW Caselaw
New South Wales Supreme Court
CITATION : Thiele v Radford [2008] NSWSC 1162
HEARING DATE(S) : 23/10/08
JUDGMENT DATE : 23 October 2008
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 23 October 2008
DECISION : See paras 37 and 39-42 of judgment.
CATCHWORDS : PRACTICE AND PROCEDURE – summary dismissal – de facto relationship property adjustment claim – multiple failures to comply with directions regarding service of affidavits – plaintiff suffers from depression and is the full-time carer for her infirm mother – plaintiff lives rent-free in a property jointly owned with defendant – defendant accepts that plaintiff would be entitled to some relief sought in the proceedings – serious risk that dismissal of proceedings would preclude later proceedings for relief under the Property (Relationships) Act 1984 (NSW) – dismissal refused but self-executing order made for dismissal in the event of a future failure to comply with directions
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Property (Relationships) Act 1984 (NSW)
Chandra v Perpetual Trustee Victoria Ltd [2006] NSWSC 1046 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 CASES CITED : Phornpisutikul v Mileto [2006] NSWSC 57 Cohen v McWilliam (1995) 38 NSWLR 476 Hartigan v International Krishna Consciousness Inc [1999] NSWSC 57
TEXTS CITED : Second Reading Speech for the Civil Procedure Bill
Trudy Lee-Anne Thiele PARTIES : v Andrew Joseph Radford
FILE NUMBER(S) : SC 4877/07
COUNSEL : Plaintiff: B Richards Defendant: D Williams
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