The Court of Appeal held that the respondent's persistent failure over more than 13 months to file a written case in response to an application for leave to appeal, despite multiple directions and orders, constituted breaches of the overarching obligations under ss 20 and 25 of the Civil Procedure Act 2010. Rather than making a self-executing order barring the respondent from defending (which Beach JA noted carries risks of wrongly overturning first-instance orders), the Court imposed a costs sanction depriving the respondent of its costs from the commencement of the proceeding in the Court of Appeal irrespective of the ultimate outcome, ordered payment of $500 for the self-represented applicant's out-of-pocket expenses, and set a final deadline for filing the written case. The Court left open the possibility of further orders under ss 28 and 29 of the Act, including potentially requiring the respondent to fund legal representation for the applicant.
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