CIVIL PROCEDURE — plaintiff commenced proceedings seeking judicial review of NCAT decisions — where plaintiff is self-represented — where plaintiff failed to comply with relevant directions and appear at hearing — where defendant seeks an order that the proceedings be dismissed pursuant to UCPR r 12.7 — whether there is prejudice to the defendants — having regard to circumstances of case — proceedings dismissed
Quick Take
1The discretion to dismiss proceedings for want of due despatch under UCPR r 12.7 requires the court to strike a balance between the plaintiff and defendant, considering all circumstances including any explanation for delay, prejudice to the opposing party, the plaintiff's prospects of success, and whether the state of non-prosecution is set to continue.
2The court may exercise its power under UCPR r 12.7 on its own motion or on application of a party pursuant to s 86(3) of the Civil Procedure Act 2005 (NSW), without a formal notice of motion, provided the dictates of procedural fairness are satisfied.
