Australia, July 23 -- New South Wales Land and Environment Court issued text of the following judgement on June 23:

1. These are proceedings for malicious prosecution which are listed for hearing on 28 July 2025 as a four day plus matter.

2. The plaintiff's cause of action arises from reports of domestic violence, made to New South Wales Police by the defendant, the plaintiff's former wife, on 10 June 2016. On 1 August 2017, Bankstown Local Court heard two charges against the plaintiff arising from those reports of domestic violence and on 27 March 2018 the plaintiff was found not guilty of two charges.

3. The plaintiff did not commence proceedings until 27 March 2024, when a statement of claim was filed in Burwood Local Court and given proceedings number 2024/00112110. As that court had no jurisdiction, these proceedings were transferred to the District Court of New South Wales on 18 June 2024.

4. The proceedings came before Dicker SC DCJ on 18 October 2024, who ordered the plaintiff to file and serve an amended statement of claim by 1 November 2024 and, when there was no compliance with that order, on 8 November and 20 December 2024.

5. On 20 January 2025, the plaintiff was diagnosed with stage IV inoperable cancer. He nevertheless filed and served a signed and verified amended statement of claim on 21 January 2025. An amended defence was filed on 24 January 2025.

6. On 11 February 2025, Dicker SC DCJ granted leave to the plaintiff to file an amended statement of claim and directed that the evidence proceed by way of affidavits, with the plaintiff to file and serve any such affidavits in chief by 21 March 2025. When this order was not complied with, an extension of time was given to 24 April 2025, in the form of a guillotine order. That order was not complied with.

The court makes a show cause hearing order

7. On 29 April 2025, Fitzsimmons SC DCJ made the following notations and orders:

"Notations:

Repeated default by the plaintiff to comply with Judge Dicker's orders.

Exhibit 1 - Medical report of Dr Chaudhuri and accompanying letter of admission.

The matter was listed for hearing on 28 July 2025 with an estimate of 4 days. Orders were made for the matter to proceed by affidavit within the plaintiff to file and serve by 21 March 2025. Plaintiff failed to comply with that order.

On 3 April 2025, the list judge made orders extending the time for the plaintiff to file and serve its affidavits, with no affidavits to be relied on if filed after this date except with leave of the court. The plaintiff again failed to comply. There is no affidavit evidence as to why the plaintiff has failed to comply with that order, although the plaintiff relies on medical reports and accompanying letter of admission marked Exhibit 1.

Whilst the plaintiff is suffering a form of cancer, that evidence does not explain the second failure of the plaintiff to comply with court orders.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979a9cc9269541d395dd3ea)

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