CIVIL PROCEDURE — failure to honour agreement resolving proceedings — proceedings dismissed — no point of principle
Quick Take
1Where parties to litigation freely enter into a memorandum of understanding that requires the plaintiff to discontinue or dismiss proceedings upon fulfilment of specified conditions, and those conditions are met, the court will enforce that obligation and dismiss the proceedings if the plaintiff fails to honour it.
2Section 60 of the Civil Procedure Act 2005 (NSW) requires that practice and procedure be implemented so that costs are proportionate to the importance and complexity of the subject matter; this supports granting leave for a lay person to assist a self-represented litigant with language difficulties rather than insisting on legal representation.
