Wakim v Kolotouros

[2018] NSWCA 24

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Dismissal for want of prosecution
4. › Non-compliance with court directions
5. › Whether appellant should be given opportunity to rectify defaults
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 51.41
7. › Civil Procedure Act 2005 (NSW), s 61
1. Practice and Procedure
2. › Appeal
3. › Competency of appeal
4. › Whether order below was final or interlocutory
5. › Order for judgment rather than dismissal of proceedings
6. › Whether judgment order precluded further proceedings
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 29.7(4), 29.10, 36.17

Quick Take

An order for 'judgment for the defendant' rather than 'dismissal of proceedings' where a plaintiff fails to appear or tender evidence is arguably a final order (because it precludes further proceedings), making an appeal from it competent without leave. The correct order in such circumstances may be dismissal under UCPR r 29.7(4) rather than judgment under r 29.10.