The Court struck out the plaintiff's proceeding under s 51 of the Civil Procedure Act 2010 for extensive and persistent non-compliance with court orders and the Court of Appeal's directions regarding the form of pleadings, granting a right of reinstatement within 60 days contingent on filing a compliant writ and statement of claim. The Court also held that a malicious prosecution claim was fatally flawed where the underlying criminal proceedings resulted in conviction rather than termination in the plaintiff's favour, applying A v New South Wales. The ruling emphasised that continued tolerance of non-compliance of this magnitude would bring the administration of justice into disrepute.
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