Victor Warren Ollis v Aaron Gregory Lye & Anor (No. 2) [2016] NSWSC 1786

Supreme Court New South Wales

Medium Neutral Citation: Victor Warren Ollis v Aaron Gregory Lye & Anor (No. 2) [2016] NSWSC 1786 Hearing dates: 15 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Equity Before: Slattery J Decision: Leave granted to file the out-of-time Amended Statement of Claim. Directions made for preparation of proceedings for trial. Court notes that proceedings may be struck out under Civil Procedure Act, s 61(3)(a) if there are further defaults by the plaintiff in Court-appointed timetables. Catchwords: PRACTICE – plaintiff defaults on several orders in Court-appointed timetable for the preparation of proceedings for hearing – plaintiff represented by barrister acting on a direct access basis without a solicitor – defendants are litigants in person – whether lack of a solicitor is any excuse for the plaintiff's default in the Court's timetable - what directions should be given in the circumstances. Legislation Cited: Civil Procedure Act 2005, s 61(3)(a) Supreme Court Practice Note Equity 11 Uniform Civil Procedure Rules 2005, r 33.5(2) Cases Cited: Greywolf Resources NL v Wilkinson [2011] NSWSC 1604 Victor Warren Ollis v Aaron Gregory Lye & Anor [2016] NSWSC 1616 Category: Principal judgment Parties: Plaintiff: Victor Warren Ollis First Defendant: Aaron Gregory Lye Second Defendant: Christopher John Lye Representation: Counsel:

Plaintiff: C.J. Dibb First Defendant: in person Second Defendant: in person