Chaina v The Presbyterian Church (NSW) Property Trust [2016] NSWCA 160

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chaina v The Presbyterian Church (NSW) Property Trust [2016] NSWCA 160 Hearing dates: 5 July 2016 Decision date: 05 July 2016 Before: Basten JA Decision: (1) The appeal be dismissed.

(2) The appellants pay the respondent's costs of the respondent's notices of motion of 1 December 2014, filed 3 December 2014 and 15 April 2016. Catchwords: APPEAL – application to dismiss for want of prosecution – failure to settle grounds of appeal – failure to file written submissions – times required by rules not complied with – directions of court not complied with – no real prospect of compliance in the foreseeable future – prejudice to respondent – lack of substantial prejudice to appellants

PRACTICE AND PROCEDURE – security for costs – appellants impecunious – likely effect delay of final disposal of proceedings – whether dismissal of proceedings preferable course Legislation Cited: Civil Procedure Act 2005 (NSW), ss 59, 61, 90; Pt 6, Div 1 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 12.8, 20.26, 51.1, 51.18; Pt 51 Cases Cited: Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Procedural and other rulings Parties: George Chaina (First Applicant) Rita Chaina (Second Applicant) Proton Technology Pty Ltd (Third Applicant) Deluxe Technology Pty Ltd (Fourth Applicant) The Presbyterian Church (New South Wales) Property Trust (Respondent) Representation: Counsel: Ms J Wilcsek (Applicants) Mr R Stitt QC/Mr G L Turner (Respondent)