Di Liristi v Matautia Developments Pty Limited

The case of Di Liristi v Matautia Developments Pty Limited was heard in the Supreme Court of New South Wales. The plaintiff, Di Liristi, was seeking damages from the defendant, Matautia Developments Pty Limited, for breaches of contract and misleading or deceptive conduct. The defendant had been involved in the sale and development of a property to the plaintiff. The primary dispute centred on whether the defendant had complied with the terms of the contract and whether there had been any misleading or deceptive conduct.

The court was tasked with determining several legal issues, including whether the case should be referred to a Duty Judge due to the plaintiff's refusal to comply with the court's case management timetable. Another issue was whether the hearing should be adjourned to consider other proceedings before the New South Wales Civil and Administrative Tribunal (NCAT). Additionally, the court needed to decide on the appropriate method of service of the originating application and whether personal service had been effectively achieved.

The court found that the plaintiff's non-compliance with the case management directions warranted referral to a Duty Judge. It was noted that the plaintiff, being unrepresented, had not adhered to the court's timetable and had failed to file an amended statement of claim as directed. The court also considered the relevance of other proceedings before the NCAT but determined that these did not warrant an adjournment of the hearing. Regarding service, the court concluded that personal service had been successfully effected despite the plaintiff's denial, based on the evidence provided by the defendant.

The court's final orders included a direction for the plaintiff to comply with the case management timetable and a note of the successful personal service. The matter was to proceed as scheduled, with the plaintiff being reminded of the consequences of non-compliance.