NSW Caselaw
New South Wales Supreme Court
CITATION : Singh v Singh [2008] NSWSC 1312
HEARING DATE(S) : 1 December 2008
JUDGMENT DATE : 1 December 2008
JURISDICTION : Equity Division
JUDGMENT OF : Ward J at 1
EX TEMPORE JUDGMENT DATE : 1 December 2008
DECISION : Leave granted to extend time for institution of appeal from McLaughlin AsJ. Appeal dismissed.
CATCHWORDS : PROCEDURE - Courts and judges generally - Courts - Dismissal of proceedings - Appeal from decision of Associate Judge dismissing proceedings - Whether Associate Judge erred in dismissing proceedings for want of prosecution or as an abuse of process - Whether dismissal on grounds of abuse of process precluded by existence of viable claim - HELD: No error made by Associate Judge in exercise of discretion to dismiss proceedings.
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
Hearne v Street (2008) 248 ALR 609 Hoser v Hartcher [1999] NSWSC 527 Micallef v ICI Australia Operations [2001] NSWCA 274 CASES CITED : Razvan v Berechet (unreported, Court of Appeal, 23 February 1990) Securum Finance v Ashton [2001] 1 Ch 291 Van Der Lee v New South Wales [2002] NSWCA 286 Williams v Spautz (1992) 174 CLR 509
Baljinder Singh (Plaintiff) PARTIES : Anil Singh (First Defendant) Subashini Singh (Second Defendant) Actgrove Pty Ltd (Third Defendant)
FILE NUMBER(S) : SC 5239 of 1999
COUNSEL : In person (Plaintiff) D A Smallbone (Defendants)
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