The Death of Delay: When Courts Dismiss Dormant Cases
In this cautionary episode of P.I. Case Note, we analyse the New South Wales Supreme Court decision in Gillon v State of NSW [2024] NSWSC 906, which resulted in proceedings being dismissed for want of due dispatch under Rule 12.7 of the Uniform Civil Procedure Rules 2005 (NSW). The case serves as a stark warning about the consequences of allowing personal injury claims to lie dormant.
The court’s analysis demonstrates the strict approach taken to case management and the limited sympathy shown to parties who fail to prosecute their claims diligently. This decision highlights that commencing proceedings is only the first step—plaintiffs must actively pursue their claims or risk dismissal, regardless of the merits. The judgment provides important lessons about maintaining momentum in litigation and the dangers of procedural complacency.
Listen for our detailed examination of this dismissal decision and its warnings for all litigants. If you have an active personal injury claim, don’t let it stagnate. Contact accident legal for a free consultation to ensure your case progresses efficiently and avoids the fate of dismissal for delay.