Sutherland and Anor v GHR Accounting Group Pty Limited (No. 2) [2019] NSWSC 1636

Supreme Court New South Wales

Medium Neutral Citation: Sutherland and Anor v GHR Accounting Group Pty Limited (No. 2) [2019] NSWSC 1636 Hearing dates: 22 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. The proceedings are dismissed under Rule 12.7 of the Uniform Civil Procedure Rules 2005 upon the basis that the Plaintiffs have not prosecuted the proceedings with due despatch. 2. The Plaintiffs are to pay the Defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE – application to dismiss proceedings for want of prosecution – lengthy and tortuous history of litigation – where Plaintiffs failed to comply with orders for particulars and discovery after being granted several extensions of time - documents ultimately provided by Plaintiffs which do not comply with requirements for discovery and particulars – consideration of guiding principles under Civil Procedure Act 2005 - obligations of litigants in civil proceedings – where Plaintiffs have demonstrated unwillingness to comply with obligations – where foundation exists for grant of exceptional remedy of dismissal – application for dismissal for want of due despatch granted Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Sutherland and Anor v GHR Accounting Group Pty Limited (No. 1) [2019] NSWSC 1635 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)