Allchin v Hunter Water Corporation (No 3)

[2025] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Want of due despatch
4. › Delays by self-represented appellant in prosecuting appeal
5. › Whether in the interests of justice to dismiss proceedings
6. › Uniform Civil Procedure Rules 2005 (NSW), r 12.7
1. Practice and Procedure
2. › Court of Appeal
3. › Competency of appeal
4. › Whether leave to appeal required
5. › Whether appellant attempted to comply with orders to file summons seeking leave
6. › Notice of appeal filed two days out of time
7. › Whether in the interests of justice to dismiss proceedings
8. › District Court Act 1973 (NSW), s 127(2)
9. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.16(1)(c), 51.41
1. Practice and Procedure
2. › Summary disposal
3. › Dismissal of proceedings for non-appearance of plaintiff
4. › Whether r 29.7 of the UCPR applies where a party leaves the courtroom mid-hearing
5. › Whether 'when a trial is called on' in r 29.7(1) limits r 29.7(4)
6. › Uniform Civil Procedure Rules 2005 (NSW), r 29.7
1. Practice and Procedure
2. › Court of Appeal
3. › Pro bono referral
4. › Whether special reasons exist for further referral where party terminated previous pro bono referral
5. › Emergence of issue of principle on appeal
6. › Uniform Civil Procedure Rules 2005 (NSW), r 7.36

Quick Take

It is reasonably arguable that r 29.7(4) of the UCPR does not authorise dismissal of proceedings where a plaintiff leaves the courtroom mid-hearing, because r 29.7(1) limits the rule to when 'a trial is called on', and there is no appellate authority resolving the point.