NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Victor Warren Ollis v Aaron Gregory Lye & Anor (No. 3) [2017] NSWSC 345 Hearing dates: 3 April 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Jurisdiction: Equity Before: Slattery J Decision: Proceedings dismissed under Civil Procedure Act 2005, s 61(3)(a). Catchwords: PRACTICE AND PROCEDURE GENERALLY – case management – multiple failures by a legally represented plaintiff to comply with Court's orders – failure by plaintiff to file or serve evidence in proceedings in compliance with orders made – failure to comply with Uniform Civil Procedure Rules 2005, r 33.5(2) – warnings provided previously that if orders not complied with proceedings may be struck out - plaintiff's counsel sought to file documents in Court - no explanation provided by plaintiff's counsel for past non-compliance – further delays in proceedings likely – unrepresented defendants fully compliant with Court's orders – proceedings dismissed pursuant to Civil Procedure Act 2005, s 61(3)(a). Legislation Cited: Civil Procedure Act 2005, s 61 Uniform Civil Procedure Rules 2015, r 33.5(2) Cases Cited: Victor Warren Ollis v Aaron Gregory Lye & Anor [2016] NSWSC 1616 Victor Warren Ollis v Aaron Gregory Lye & Anor (No. 2) [2016] NSWSC 1786 Category: Procedural and other rulings Parties: Plaintiff: Victor Warren Ollis First Defendant: Aaron Gregory Lye Second Defendant: Christopher John Lye Representation: Counsel:
Plaintiff: C.J. Dibb
Solicitor:
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