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Citation
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Judgment date
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| March 2022 |
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An added party cannot invoke non-party rule to vary a consent order; the proper remedy is appeal or action, application dismissed.
Civil procedure — Consent order — Setting aside or variation — Order 23(8) CPR (non-party relief) inapplicable to persons who are parties; aggrieved party should appeal or commence specific action.
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28 March 2022 |
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Summary judgment refused where the defendant’s pleaded defence raised relevant disputable facts regarding alleged lawful summary dismissal.
Civil procedure – summary judgment (Order 12 r.23 CPR) – requirement of no real prospect of defence and no relevant dispute of fact or law – employment dispute – alleged summary dismissal for gross negligence – forum conveniens/transfer to Industrial Relations Court; counterclaim for loss.
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23 March 2022 |
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Summary judgment dismissed where respondent raised arguable defence and relevant factual and legal disputes over alleged unfair dismissal.
Civil procedure – Summary judgment – Order 12 r23 and r26 – defendant must have no real prospect of defence and no relevant dispute of fact or law; Labour law – unfair dismissal – Employment Act s57 – forum conveniens – Industrial Relations Court.
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23 March 2022 |
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Court imposed interim weekend visitation, holiday residence with father, mutual notification, and conduct restrictions pending appeal.
Family law — Interim custody and contact — Visitation on weekends during term; children to reside with father during holidays; mutual notification and prohibition on making children perform tasks in other parent's home; access to grandparent pending appeal.
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11 March 2022 |
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The court dismissed the claim for want of prosecution due to inordinate, inexcusable delay and abuse of process.
Civil procedure – dismissal for want of prosecution – inordinate and inexcusable delay – abuse of court process – Order 12 CPR (strike out after 12 months) – prejudice as ground for dismissal.
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9 March 2022 |