Douglas & Anor v Madden & Ors [2009] NSWSC 47

New South Wales Supreme Court

CITATION : Douglas & Anor v Madden & Ors [2009] NSWSC 47

HEARING DATE(S) : 13 February 2009 JUDGMENT OF : Schmidt AJ

EX TEMPORE JUDGMENT DATE : 13 February 2009

DECISION : 1. If the plaintiffs do not serve the outstanding expert's report and any supporting affidavits by 4 pm on 27 February 2009, the proceedings are dismissed with an order that the plaintiffs pay the defendants' costs, as agreed or assessed. 2. The plaintiffs pay the defendants' costs associated with the motion and its hearing, on an indemnity basis. Those costs are payable forthwith.

CATCHWORDS : SUMMARY DISMISSAL - application to dismiss proceedings for want of prosecution - protracted delay in putting on expert and other evidence - reported failure to comply with Court's orders - self executing order made - costs

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 CASES CITED : Fiduciary Ltd v Morningstar Research Pty Ltd [2007] NSWSC 432 Micallef v ICI Australia Operations Pty Ltd & Anor [2001] NSWCA 274

Troy Douglas (formerly known as Douglas Pestano) - First Plaintiff Morgan Price Limited - Second Plaintiff PARTIES : Phillip MacDonald Madden & Julia Anne Madden t/as Maddens Commercial Lawyers and/or Maddens Business & Property Lawyers - First Defendant Maddens Lawyers Business & Property Pty Limited - Second Defendant Andrew Tennent Sutherland, John Richard Cox, Christopher Hugh McCaffery,Timothy John Eakin, Michael John Patrick White & Michael Leo Stafford t/as Eakin McCaffrey Cox - Third Defendant