NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Minus v Harbour Radio Pty Ltd (No 3) [2017] NSWSC 1332 Hearing dates: 11, 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Common Law Before: McCallum J Decision: In respect of the show cause requirement, proceedings not dismissed; plaintiff warned of the need to improve the degree of attention and expedition given to the prosecution of the action; application to have imputation struck out for ambiguity refused; plaintiff ordered to pay the defendants' costs assessed on an indemnity basis Catchwords: PROCEDURE – show cause requirement following breach of direction and failure to appear – parties' obligation to assist the court to serve the overriding purpose – whether proceedings should be dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 61(3) Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Minus v Harbour Radio Pty Ltd [2017] NSWSC 191 Minus v Harbour Radio Pty Ltd (No 2) [2017] NSWSC 585 Singleton v Ffrench (1986) 5 NSWLR 425 Templar v Watt [2014] NSWSC 937 Category: Procedural and other rulings Parties: Derek Minus (plaintiff) Harbour Radio Pty Ltd (first defendant) Alan Jones (second defendant) Representation: Counsel: Plaintiff self-represented M Richardson (defendants)
Solicitors: Banki Haddock Fiora (defendants) File Number(s): 2016/176044 Publication restriction: None
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