Von Reisner v Chepurin

Von Reisner, the plaintiff, brought an action against Chepurin, the defendant, in the Supreme Court of Victoria, seeking damages for injuries sustained in a car accident. The plaintiff was unrepresented and had a history of lengthy adjournments and delays in the proceedings. The plaintiff sought a special timetable to obtain medical evidence, but the defendant argued for dismissal due to the plaintiff's inability to comply with procedural requirements and the repeated failures to comply with directions. The court was required to determine whether the plaintiff's repeated failures to comply with procedural requirements warranted dismissal of the proceeding and whether the plaintiff's unrepresented status and the need for a special timetable should be taken into account.

The court considered the plaintiff's lengthy history of adjournments and delays in the proceedings, as well as the plaintiff's notice since 2010 that the statement of claim was defective. The court also considered the plaintiff's unrepresented status and the need for a special timetable to obtain medical evidence. The court held that the plaintiff's repeated failures to comply with procedural requirements warranted dismissal of the proceeding. The court also held that the plaintiff's unrepresented status and the need for a special timetable did not outweigh the need for the proceedings to be dealt with efficiently and fairly.

The court dismissed the proceeding and denied the plaintiff's application for leave to file an amended statement of claim. The court held that the plaintiff had had ample opportunity to remedy the defects in the statement of claim and that further delay would be unjust. The court also held that the plaintiff's unrepresented status and the need for a special timetable did not justify further delay. The dismissal was with no order as to costs.