2019Bar News: The Journal of the NSW Bar AssociationRequires access

The civil practice and procedure provisions strike again in the High Court

Jeremy L Harrison

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Abstract

This appeal concerned whether the continuance of proceedings constituted an abuse of process in circumstances where prior proceedings which concerned substantially the same matters were discontinued, the merits of the matter had not been determined, and delay had not made a fair trial impossible.

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What this paper is about

This appeal concerned whether the continuance of proceedings constituted an abuse of process in circumstances where prior proceedings which concerned substantially the same matters were discontinued, the merits of the matter had not been determined, and delay had not made a fair trial impossible.

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Available abstract

This appeal concerned whether the continuance of proceedings constituted an abuse of process in circumstances where prior proceedings which concerned substantially the same matters were discontinued, the merits of the matter had not been determined, and delay had not made a fair trial impossible.

Key concepts: Appeal, Continuance, Law, Political science, High Court, Civil procedure

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