Sutherland and Anor v GHR Accounting Group Pty Limited (No. 1) [2019] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: Sutherland and Anor v GHR Accounting Group Pty Limited (No. 1) [2019] NSWSC 1635 Hearing dates: 25 October 2019 Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Plaintiffs are directed to comply with the orders of the Court with respect to particulars and discovery by providing responses to the Defendant by 1.00 pm on Thursday, 21 November 2019. 2. The proceedings are adjourned part-heard until 9.00 am on 22 November 2019. Catchwords: PRACTICE AND PROCEDURE – application to dismiss proceedings for want of prosecution – show cause hearing – lengthy and protracted history of litigation – where Plaintiffs failed to comply with previous orders for particulars and discovery – where Plaintiffs request further time to comply – consideration of guiding principles of civil litigation – extension of time granted to comply with orders Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Ghosh v Ninensm Pty Limited (2015) 90 NSWLR 595; [2015] NSWCA 334 Hoser v Hartcher [1999] NSWSC 527 Sutherland v GHR Accounting (No 3) [2017] NSWSC 373 Sutherland v GHR Accounting [2017] NSWSC 100 Sutherland v GHR Accounting and Anor [2015] NSWSC 1946 Sutherland v GHR Accounting Group Pty Limited [2019] NSWSC 295 Udowenko and Ors v Chief Executive Officer, Board of Directors at St George Bank (No. 2) [2011] NSWSC 1122 Texts Cited: --- Category: Procedural and other rulings Parties: Richard Craig Sutherland (First Plaintiff) Quadratus Pty Limited (Subject to Deed of Company Arrangement) (ACN 072 537 912) (Second Plaintiff) GHR Accounting Pty Limited (Defendant) Representation: Counsel: Mr RC Sutherland (First Plaintiff - in person) Mr J Simpkins (Defendant)