JUSTELIUS & ANOR –v- MCILLWRAITH (2003) NSWSC 1039
Master Malpass of the Supreme Court of NSW recently dismissed proceedings commenced by the Plaintiff with an Order that they pay the Defendant’s costs.
The Plaintiff chose not to be legally represented and commenced proceedings in the Local Court following a Motor Vehicle Accident. As they were ill informed of the law and procedures involved a Default Judgment was obtained against them. This was later set aside and following many non-attendances by the Plaintiff, the matter proceeded to Arbitration. Once again there was no appearance by them (later submitting that they were sent to the wrong Court) and an award was made. They sought a re-hearing but did not appear (leaving medical material with the registry) the matter was determined in their absence. The Court ordered the award be reinstated as a Judgment of the Court and the re-hearing discontinued.
The Plaintiffs then filed a Notice of Motion to vacate the Orders made. This was heard by the same Magistrate and dismissed with costs.
A month later the Plaintiffs commenced these proceedings purporting to challenge the previous two decisions. When this claim was heard the necessary procedural matters had not been attended to (i.e.: appealing a decision within the requisite time and seeking leave to review the subsequent decision) thus giving Master Malpass no option but to dismiss the summons (again with costs). As a result of the Plaintiffs’ failure to seek and / or engage legal representation they are faced with a Judgment against them of just under $20,000.00 in addition to numerous costs orders!
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