NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Stratton v State of New South Wales [2019] NSWDC 10 Hearing dates: 04 February 2019 Date of orders: 04 February 2019 Decision date: 04 February 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to Part 29.7(4) of the UCPR, the proceedings are dismissed. (2) The plaintiff is to pay the defendants' costs of the proceedings as agreed or assessed including the costs related to the plaintiff's application to adjourn the proceedings and of the defendants' application to dismiss the proceedings. (3) The Exhibits on the application are to be retained on the court file. (4) Direct that the solicitors for the defendants inform the plaintiff of these orders by way of email by 5pm on 5 February 2019. Catchwords: Practice and procedure – no appearance by or on behalf of the plaintiff – application to dismiss the proceedings – plaintiff claims inability to attend due to health issues – no expert medical evidence – plaintiff on notice of anticipated lengthy hearing Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Van Gorp v Davy [2017] NSWCA 167 Category: Principal judgment Parties: Melinda Margaret Stratton (Plaintiff) State of New South Wales (First Defendant) Sydney Local Health District (Second Defendant) Representation: Counsel: J Downing (Defendants)
Solicitors: Self-represented (Plaintiff) NSW Crown Solicitor's Office (Defendants) File Number(s): 2016/00275959
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