Cases and Procedure

Question 1

What are the principles of Tyler v Custom Credit Corp Ltd & Ors and when do they apply?

Answer 1

When court considers summary dismissal, or leave to grant under 389?
1. How long ago event happened, and delay before litigation commenced.
2. How long ago litigation commenced, or causes of action were added.
3. prospects the plaintiff has of success in the action.
4. Whether there has been disobedience of Court orders/directions
5. Has there been periods of delay in the litigation
6. Whether delay is attributable to plaintiff, defendant or both
7. Whether impecuniosity of plaintiff affected pace of litigation and whether deft responsible for that impecuniosity
8. Litigation between parties would be concluded by the striking out of the plaintiff’s claim.
9. how far the litigation has progressed.
10. Whether delay is is borne of plaintiff’s dilatory lawyers (for leave to continue delay by applicant is difficult than the lawyers).
11. whether there is a satisfactory explanation for the delay.
12. whether the delay resulted in prejudice to the defendant leading to an ability to ensure fair trial.

Question 2

Whats the go with Cape York Ailrines v QBE?

Answer 2

Applciation to strike out pleadings per R 171, for non-compliance with R 166 (4)

a party’s denial of an allegation of fact must be accompanied by
a direct explanation for the party’s belief that the allegation is
untrue, and

a party’s non-admission of an allegation of fact must be
accompanied by a direct explanation for the party’s belief that
the allegation can not be admitted.

THEN

What does the rule mean by requiring that there be a ‘direct
explanation for the party’s belief’ that the allegation is untrue or that
the allegation can not be admitted, as the case may be?

What, if anything, is the status and effect of that ‘direct explanation’
within the pleading?

needs more work!!!!