Sleeman v Tuloch Pty Ltd

The plaintiff, Sleeman, brought a defamation claim against Tuloch Pty Ltd and other defendants. The matter was set down for hearing, but the plaintiff had repeatedly failed to comply with case management orders prior to the trial. The defendants applied to strike out the proceedings for want of prosecution. The court was required to decide whether the plaintiff's repeated failure to comply with case management orders justified striking out the proceedings and, if so, whether it was appropriate to grant summary judgment to the defendants.

The court found that the plaintiff had made little to no progress in complying with the directions of the court or in preparing for the hearing. The court noted that the plaintiff had been warned about the consequences of non-compliance, yet had failed to take any steps to remedy the situation. The court held that the plaintiff's conduct amounted to an abuse of the court's process and that striking out the proceedings was an appropriate remedy. The court also dismissed the defendants' application for summary judgment, finding that there were genuine issues for trial. The court ordered the plaintiff to file and serve a further amended statement of claim, serve a verified List of Documents, and serve verified answers to interrogatories. The court also ordered the parties to attend mediation with a private mediator. The plaintiff was ordered to pay the defendants' costs of the applications and of the proceedings against them.

The court ordered the plaintiff to file and serve a further amended statement of claim, serve a verified List of Documents, and serve verified answers to interrogatories. The court also ordered the parties to attend mediation with a private mediator. The plaintiff was ordered to pay the defendants' costs of the applications and of the proceedings against them. The proceedings as against the fourth and fifth defendants were dismissed by consent.