Clarke v State of New South Wales (No.4) [2015] NSWSC 1054

Supreme Court New South Wales

Medium Neutral Citation: Clarke v State of New South Wales (No.4) [2015] NSWSC 1054 Hearing dates: 21 July 2015 Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 that the Further Amended Statement of Claim filed on 17 March 2015, be struck out. (2) Otherwise dismiss the Notice of Motion filed by the defendant on 2 June 2015. (3) Order that, if the plaintiff seeks to file any further Amended Statement of Claim, he is to seek leave of the Court to do so, by filing and serving a Notice of Motion on or before 11 September 2015 accompanied by the proposed version of his pleading and any affidavit that may be appropriate in support of his notice of motion, in accordance with the Uniform Civil Procedure Rules. (4) Grant leave for any such Motion to be returnable before the Court on 25 September 2015. (5) Order the plaintiff to pay the defendant's costs of the Notice of Motion. (6) Stand the proceedings over for further directions before the Common Law Registrar at 9am on 25 September 2015. Catchwords: PROCEDURE – civil – pleadings – motion to strike out further amended statement of claim – plaintiff self-represented – two previous versions of statement of claim struck out – further amended statement of claim largely identical to previous versions – does not comply with UCPR – further amended statement of claim struck out – PROCEDURE – civil – summary disposal – dismissal – whether failure to prosecute with due dispatch – plaintiff has complied with time limits imposed by the court for filing – proceedings not dismissed Legislation Cited: Civil Procedure Act 2005 Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Banque Commerciale SA v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 Clarke, Dallas v State of New South Wales (No 2) [2014] NSWSC 578 Clarke, Dallas v State of New South Wales (No 3) [2014] NSWSC 593 Dare v Pulham [1982] HCA 70; (1982)148 CLR 658 Gunns Ltd v Marr [2005] VSC 251 Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135 McGuirk v The University of NSW [2009] NSWSC 1424 Northam v Favelle Favco Holdings Pty Ltd (Bryson J, 7 March 1995, unreported) Perpetual Trustees Victoria Ltd v Dunlop [2009] VSC 331 Shelton v National Roads and Motorists Association Ltd [2004] FCA 1393 Young v Hones [2013] NSWSC 580 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Dallas Clarke (P) State of New South Wales (D) Representation: Counsel: In person (P) R Lee (D)