CIVIL PROCEDURE — plaintiff commenced proceedings seeking judicial review of NCAT Appeal Panel decision — where plaintiff is self-represented — where defendant filed motion seeking dismissal of the summons under UCPR r 12.7 — where plaintiff failed to comply with relevant directions and appear at hearing — having regard to circumstances of case when dismissing proceedings under r 12.7 — prejudice to defendant — proceedings dismissed
Quick Take
1Under UCPR r 12.7, the court must strike a balance between the plaintiff and the defendant, considering whether any explanation has been offered for delay, whether there is prejudice to the opposing party, and whether justice demands dismissal, having regard to the overriding purpose in s 56 of the Civil Procedure Act 2005 (NSW).
2Repeated non-compliance with court directions, absence of any explanation for delay, non-appearance at the hearing, and the underlying proceedings having become otiose are circumstances that, taken together, support an inference that the plaintiff does not intend to prosecute with due dispatch and warrant dismissal.
