Morris-Harris-Keith v Hughes [2019] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: Morris-Harris-Keith v Hughes [2019] NSWSC 665 Hearing dates: 4 June 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) The proceedings are dismissed pursuant to UCPR r 12.7(1).

(2) The plaintiff is to pay the defendants' costs of the proceedings. Catchwords: CIVIL PROCEDURE – summary disposal – application for dismissal of proceedings for want of due dispatch – UCPR r 12.7 – personal injury proceedings – proceedings fixed for hearing - where the plaintiff's solicitors ceased to act one month before hearing – several adjournments granted to allow the plaintiff the opportunity to engage new solicitors – no new solicitors engaged – hearing date vacated - where the plaintiff was properly notified of the defendants' intention to seek summary disposal – no steps taken by plaintiff for three month period - absence of contact from the plaintiff - plaintiff provided no evidence explaining his delay in prosecuting the proceedings – application granted Legislation Cited: Civil Procedure Act (2005) NSW s 56 Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 12.7 Work Health and Safety Act 2011 (NSW) Cases Cited: Raymond Hoser v Christopher Hartcher [1999] NSWSC 527 Morris-Harris-Keith v Hughes [2019] NSWSC 581 State of New South Wales v Plaintiff A [2012] NSWCA 248 Texts Cited: Nil Category: Procedural and other rulings Parties: Troy Morris-Harris-Keith (Plaintiff) Michael Hughes (First Defendant) Louise Hughes (Second Defendant) Representation: Counsel: No appearance (Plaintiff) J Turnbull SC (Defendants) Solicitors: Self-represented (Plaintiff) Holman Webb Lawyers (Defendants) File Number(s): 2017/161843 Publication restriction: Nil