DCB Legal Court Date March Resident

Coupon-mad

You must have got it from someone else who'd used ChatGPT because it's a dead giveaway!

Johnersh

Whoah nelly!  Not so fast.

1. You are not obligated to draw the attention of a party to their error. Woodward & Anor v Phoenix (CA)
2. Unless I'm missing something, On 12/06/2024 if the Claimant has failed to comply with the order the claim is struck out.

They would argue compliance or substantial compliance, but may well find themselves applying for relief if the order has not been complied with.

Note I have only had a brief review on my cell phone. I don't know any of the facts here and haven't looked at any key dates, so do evaluate your next steps carefully.

Coupon-mad

Johnersh said:

Whoah nelly!  Not so fast.

1. You are not obligated to draw the attention of a party to their error. Woodward & Anor v Phoenix (CA)
2. Unless I'm missing something, On 12/06/2024 if the Claimant has failed to comply with the order the claim is struck out.

Can we be sure that the Judge will see that...?  Would you just stay quiet?

Or wait until 13th?

Johnersh

@Coupon-mad the "hope you are well" is 100% legacy of c19, when (a) people actually meant it - not just as a pleasantry and (b) we litigated wondering if our opponent was just being rubbish, or possibly coughing up a lung....

I agree that stylistically I'd like to kill it, but it's by no means unusual or limited to chatGPT.

Johnersh

Ok, dealing with the residual points.

1. All correspondence to the court must *always* be copied to the other side for a claim of this nature.
2. The court will *not* notice the error. So, were you to try and spring the trap, you leave matters be, then you write to the court and seek directions.
3. If it were me, I would refer in the letter to the paras of the order C is in breach of and why (and only those)
4. The errors in the calculation others have raised may well be decent points, but those are for legal argument and for you to raise in an amended defence (I presume that has also been ordered). I say that because they have set out their calculations as ordered.... Error here is not non-compliance with the order it's ineptitude.

As we know courts are unpredictable beasts, but this is a viable argument. The court is already cheesed off...

I applied to strike out a defendant on the same basis once and the DJ really didn't like it. My view is that if C is going to be one of the most prolific users of a taxpayer funded court, then we can expect them to respect the rules and to have sufficient experience (corporately) to apply them properly. That means no shoddy particulars and filing a supplement when necessary. 

Colonizemars

So shall I email or not? I don’t know what to do now 😩

Coupon-mad

Do nothing until after the 12th June.

Colonizemars

Okay got you thanks 

Colonizemars

Hi all do you recommend emailing the judge now? Or shall I just wait it out 

Coupon-mad

Contact them.

See @Johnersh's reply 1, 2 & 3.