Singh v Charles

[2023] NSWSC 623

Supreme Court

New South Wales

Medium Neutral Citation:

Singh v Charles [2023] NSWSC 623

Hearing dates:

1 June 2023

Date of orders:

1 June 2023

Decision date:

01 June 2023

Jurisdiction:

Common Law

Before:

Beech-Jones CJ at CL

Decision:

Proceedings dismissed.

Catchwords:

Summary dismissal – no question of principle

Cases Cited:

Singh v Charles [2022] NSWSC 743

Singh v Sharma [2023] NSWSC 551

Singh v Singh [2023] NSW 280

Category:

Principal judgment

Parties:

Gurjit Singh (Plaintiff)
David Charles (First Defendant)
Vinita Lekhawar (Second Defendant)
Keshavnanda Lekhawar (Third Defendant)

Representation:

Solicitors:
G Singh, in person (Plaintiff)
Crown Solicitor’s Office (First Defendant)
Unrepresented (Second and Third Defendants)

File Number(s):

2021/328613

EX TEMPORE JUDGMENT

1. On 18 November 2021, a statement of claim was filed in the name of Gurjit Singh naming three defendants, David Charles, Vinita Lekhawar and Keshavnanda Lekhawar.

2. The proceedings raised various causes of action in relation to a tenancy that Mr Singh was a party to which led to a dispute in the NSW Civil and Administrative Tribunal.

3. The first defendant, Mr Charles, was a Tribunal member. The second and third defendants were, as I understand it, the landlords of the premises.

4. On 30 May 2022, Garling J made an order dismissing the proceedings against the first defendant (Singh v Charles [2022] NSWSC 743). It does not appear that the second and third defendants have at any time taken any active role in the proceedings.

5. Mr Singh continued to progress these proceedings, along with numerous other proceedings he filed, for a period. At one point, as I understand it, he filed a motion seeking summary judgment, although that motion would have been doomed to fail given the form of the statement of claim.

6. On 24 March 2023, I gave reasons in Singh v Singh [2023] NSW 280 which effectively dismissed a number of proceedings commenced by Mr Singh. At the time, I made an interlocutory order that he be precluded from commencing any further proceedings without first seeking leave of the Court. That order did not affect the conduct of these proceedings.

7. A number of proceedings concerning Mr Singh have come before me since that time. These proceedings, and a number of other proceedings involving Mr Singh, were listed before me on 18 May 2023. On that day, I summarily dismissed other proceedings commenced by him (see Singh v Sharma [2023] NSWSC 551). This matter was listed for mention on that day. Again, Mr Singh did not appear, nor did the second and third defendants. I indicated I would stand the matter over to this day to determine whether the proceedings should now be dismissed for want of prosecution given what appears to be the lack of interest of all the parties to their continuation.

8. When the matter was listed today, the plaintiff and the second and third defendants did not appear. Their names were called outside the Court but they did not attend.

9. It seems to me self-evident that the proceedings have been reduced to a point where none of the remaining active parties are prepared to take any further step.

10. In these circumstances, the only course for the Court to take is to order that the proceedings be dismissed. I so order.

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Decision last updated: 14 June 2023