NSW Caselaw
New South Wales Court of Appeal
CITATION: Kapoor v State Transit Authority of NSW [2010] NSWCA 143
HEARING DATE(S): 20/10/2009
JUDGMENT DATE: 24 June 2010
JUDGMENT OF: Allsop P at 1; McColl JA at 2; Handley AJA at 3
(1) Appeal allowed with costs. (2) The decision of Delaney DCJ of 3 October 2008 dismissing the action for want of prosecution is set aside. DECISION: (3) In lieu thereof order that the oral motion of 31 January 2008, and the notice of motion of 16 April 2008 be dismissed. (4) The dismissals are without prejudice to a fresh application to dismiss for want of prosecution should the appellant not be in a position to take a date for trial within 3 months of the publication of these reasons, or if he is in material breach of a peremptory order for the taking of a necessary step or steps to prepare his case for trial. (5) The respondent is to pay the appellant's costs of and incidental to the motions in the District Court of 31 January and 16 April 2008 as a self-represented litigant.
CATCHWORDS: PRACTICE & PROCEDURE - dismissal for want of prosecution - duty of procedural fairness - compliance essential.
LEGISLATION CITED: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999
CATEGORY: Principal judgment
CASES CITED: International Finance Trust Co Ltd v New South Wales Crime Commission [2009] HCA 49 Stead v State Government Insurance Commission [1986] HCA 54, 161 CLR 141
PARTIES: Ameet Kapoor - Appellant State Transit Authority of NSW - Respondent
FILE NUMBER(S): CA 40002/09
COUNSEL: M L Williams SC - Appellant R Gambi - Respondent
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