Kalthas v Techtronic Industries Aust Pty Ltd t/as AEG Power Tools [2019] NSWDC 217

District Court New South Wales

Medium Neutral Citation: Kalthas v Techtronic Industries Aust Pty Ltd t/as AEG Power Tools [2019] NSWDC 217 Hearing dates: 14 May 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to Part 29.7(4) of the Uniform Civil Procedure Rules, the proceedings are dismissed. (2) The plaintiff is to pay the defendant's costs of the proceedings as agreed or assessed. (3) Leave to the defendant to make an application by way of Notice of Motion with supporting affidavit to vary the order in (2) above. Once filed, a copy should be forwarded to the Associate to Dicker DCJ. (4) Direct the Registrar to forward a copy of today's orders to the plaintiff. Catchwords: Practice and procedure – failure by plaintiff to appear at final hearing – application by defendant to dismiss the proceedings – no explanation for plaintiff's non-appearance – no evidence in support of plaintiff's claim – dismissal order appropriate Legislation Cited: Australian Consumer Law Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules Cases Cited: Stratton v State of New South Wales [2019] NSWDC 10 Van Gorp v Davy [2017] NSWCA 167 Category: Principal judgment Parties: Nektarios Kalthas (Plaintiff) Techtronic Industries Aust Pty Ltd t/as AEG Power Tools (Defendant) Representation: Counsel: No appearance (Plaintiff) M McCulloch SC (Defendant)