Skip to content

Summary dismissal and multiple defendants May 29, 2019

[6] The primary judge would have been justified in simply refusing to deal with the late application. Although it does not appear that the primary judge was referred to the relevant authorities, it is clearly established by decisions of this Court that if several defendants are sued and the evidence that might be adduced in cross-examination of one defendant could inculpate another defendant, an application for summary dismissal brought by one or more of the defendants, but not all of them, cannot succeed and need not be entertained (Wickstead v Browne (1992) 30 NSWLR 1 at 11-12; Breheny v Cairncross [2002] NSWCA 69; Ford v Nagle [2004] NSWCA 33).

Ngo v Elysee [2019] NSWCA 123

Related Articles:

Personal injuries damages – appeal

Police powers and duties: incoherence and incompatibility; Summary dismissal


Appointing a tutor and protecting her from a costs order




Social Media

Subscribe to the weekly newsletter

Please enter your name.
Please enter a valid email address.
Something went wrong. Please check your entries and try again.
Social Media Auto Publish Powered By :
Scroll To Top