PROCEDURE – application that proceedings be dismissed – whether in relation to proceedings generally a reasonable cause of action disclosed – whether plaintiff failed to prosecute proceedings with all due despatch – PLEADINGS – whether reasonable cause of action disclosed – whether there is a tendency to cause prejudice, embarrassment or delay – PROFESSIONAL NEGLIGENCE – where plaintiff does not comply with UCPR 31.36(1) – whether proceedings should be dismissed

Xu v South Eastern Sydney and Illawarra Area Health Service [2009] NSWSC 786