Clark v Robards [2015] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Robards [2015] NSWCA 140 Hearing dates: 5 May 2015 Decision date: 22 May 2015 Before: Beazley P at [1]; Basten JA at [2] Decision: (1)Grant leave to appeal against so much of the judgment of Hidden J as dismissed paragraphs of the proposed amended statement of claim which dealt with causes of action to be found in the 2005 pleading, other than conspiracy charge (Part A, par 10), considered by Harrison J in June 2010;

(2)Otherwise dismiss the summons seeking leave to appeal;

(3)Costs of the application to be costs in the appeal. Catchwords: APPEAL – application for leave – pleading struck out summarily – want of due despatch – other older proceeding allowed to stand – no objection from two of three defendants – possible inconsistency of approach Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4, 14.28 Cases Cited: Clark v Robards [2010] NSWSC 522 Clark v State of New South Wales [2006] NSWSC 673; 66 NSWLR 640 Clark v State of New South Wales [2014] NSWSC 742 Clark v State of New South Wales [2014] NSWSC 801 Clark v State of New South Wales [2015] NSWSC 246 Category: Procedural and other rulings Parties: Peter Frederick Clark (Applicant) Timothy Neil Robards (First Respondent) Terrence Lloyd Robards (Second Respondent) State of New South Wales (Third Respondent) Representation: Counsel: Applicant Self-represented Mr A N Williams (Third Respondent)