Michail v Mount Druitt & Area Community Legal Centre (No. 6) [2017] NSWDC 25

District Court New South Wales

Medium Neutral Citation: Michail v Mount Druitt & Area Community Legal Centre (No. 6) [2017] NSWDC 25 Hearing dates: 22 February 2017 Date of orders: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff called three (3) times outside Court 13D at 9:05am – No appearance. (2) Plaintiff called three (3) times outside Court 13D at 9:25am – No appearance. (3) Plaintiff called three (3) times a third time outside Court 13D at 9:50am – No appearance. (4) Proceedings are dismissed. (5) Plaintiff pay defendant's costs of the application and of the proceedings. (6) A copy of this judgment is to be forwarded to the Office of the Legal Services Commissioner. Catchwords: PRACTICE AND PROCEDURE – plaintiff fails to comply with peremptory order to file amended statement of claim – long history of delay in pleadings – application by defendant pursuant to ss 61(3)(a) and 61(3)(b) Civil Procedure Act 2005 (NSW) and rr 12.7(1) and 12.9(2)(c) Uniform Civil Procedure Rules 2005 (NSW) to strike out proceedings – complaints concerning plaintiff's conduct of proceedings, including making private recordings of court proceedings – proceedings dismissed with costs Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 and 61 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7 and 12.9 Cases Cited: Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126 Jane Doe 1 v Dowling [2017] NSWSC 57 Michail v Mount Druitt & Area Community Legal Centre [2015] NSWDC 145 Michail v Mount Druitt & Area Community Legal Centre (No. 2) [2015] NSWDC 214 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Michail v Mount Druitt & Area Community Legal Centre (No. 3) (District Court of New South Wales, Gibson DCJ, 9 February 2016) Michail v Mount Druitt & Area Community Legal Centre (No. 4) (District Court of New South Wales, Gibson DCJ, 1 June 2016) Michail v Mount Druitt & Area Community Legal Centre (No.5) [2017] NSWDC 13 Category: Principal judgment Parties: Plaintiff: Nancy Michail Defendant: Mount Druitt & Area Community Legal Centre Representation: Counsel: Defendant: Ms S Chrysanthou