Muts v Ly

[2026] NSWSC 460

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. 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

The 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 the defendant, considering all circumstances including any explanation for delay, prejudice to the opposing party, and the plaintiff's prospects of success.
The 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), even absent a formal notice of motion, provided procedural fairness is observed.
A plaintiff's sustained failure to comply with directions, combined with non-appearance at hearings and an absence of any constructive activity, supports an inference that the plaintiff does not intend to prosecute the proceedings further, warranting dismissal even where the period of delay is not lengthy.