Singh v Singh

Singh v Singh concerned an appeal to the Supreme Court of New South Wales, Court of Appeal. The dispute arose from an appeal that had been dismissed by a single judge of the Court of Appeal for non-compliance with procedural directions. The appellant then sought a review of this dismissal by a three-judge bench.

The primary legal issue before the three-judge bench was whether the initial dismissal of the appeal by the single judge was appropriate, considering the explanations provided by the appellant for their defaults and the potential impact of the dismissal on the appellant. The court was required to determine if the orders made by the single judge were proportionate to the appellant's breaches of procedural directions.

The Court of Appeal reasoned that the power to dismiss an appeal for non-compliance with procedural directions should be exercised with caution and only when other less drastic measures are insufficient. The court considered the appellant's explanations for the defaults and the significant consequences that dismissal would have for the appellant. Applying the principle of proportionality, the court found that the dismissal was not a proportionate response to the appellant's defaults.

Consequently, the Court of Appeal ordered that the orders of Simpson JA made on 22 August 2016 be discharged, and that the respondents’ notice of motion filed on 10 August 2016 be dismissed.