Dickens (a pseudonym) v NSW

[2018] NSWCA 222

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Discretionary decisions
4. › Dismissal for want of due despatch and abuse of process
5. › Whether issue of principle or question of general importance or reasonably clear injustice
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4, 14.28
1. Practice and Procedure
2. › Dismissal of proceedings
3. › Want of due despatch
4. › Abuse of process
5. › Repeated filing of defective pleadings by self-represented litigant
6. › Whether proceedings should be dismissed where plaintiff repeatedly fails to file compliant pleadings
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4, 14.28
1. Practice and Procedure
2. › Pleadings
3. › Embarrassing pleadings
4. › Self-represented litigants
5. › Whether further opportunity to re-plead should be granted
6. › Uniform Civil Procedure Rules 2005 (NSW), r 14.28

Quick Take

Proceedings may be dismissed for want of due despatch and abuse of process where a self-represented litigant repeatedly files defective pleadings, without the court being required to assess the merits of the underlying claims.