Sally Haddad v Homeland Village Pty Ltd [2015] NSWCATAP 128

Sally Haddad v Homeland Village Pty Ltd [2015] NSWCATAP 128

Ms Haddad's appeal AP14/59183 was dismissed for want of prosecution because she did not comply with the direction to file and serve material and did not respond to a letter requiring compliance within 14 days. Homeland Village Pty Ltd was given leave to make submissions because it may have thought that the direction requiring action on its part was conditional upon prior compliance by Ms Haddad.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Appeal / Appeal Panel; on the Papers
Outcome
Appeal AP14/59183 dismissed for want of prosecution; Homeland Village Pty Ltd given leave to make submissions on appeal AP15/03605 and costs of appeal AP14/59183; AP15/03605 and any costs application to be decided on the papers.
Legal Topics
['defective Notice to Carry Out Fencing Works' 'want of Prosecution' 'non Compliance With Directions' 'costs on Appeal']
['civil Procedure' 'dividing Fences' 'costs'] ['defective Notice to Carry Out Fencing Works' 'want of Prosecution' 'non Compliance With Directions' 'costs on Appeal']

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Procedural Posture

Appeal / Appeal Panel; on the Papers

Legal Issues

  1. 1 ["Whether Ms Haddad's appeal AP14/59183 should be dismissed for want of prosecution after non-compliance with directions and failure to respond to a letter calling for compliance." 'Whether Homeland Village Pty Ltd should be given an opportunity to make submissions on appeal AP15/03605 and costs of appeal AP14/59183.']

Ratio Decidendi

Ms Haddad's appeal AP14/59183 was dismissed for want of prosecution because she did not comply with the direction to file and serve material and did not respond to a letter requiring compliance within 14 days. Homeland Village Pty Ltd was given leave to make submissions because it may have thought that the direction requiring action on its part was conditional upon prior compliance by Ms Haddad.

Court Disposition

Appeal AP14/59183 dismissed for want of prosecution; Homeland Village Pty Ltd given leave to make submissions on appeal AP15/03605 and costs of appeal AP14/59183; AP15/03605 and any costs application to be decided on the papers.

Orders

  • ['Appeal by Ms Haddad AP14/59183 dismissed for want of prosecution.' 'Homeland Village Pty Ltd has leave to make submissions as to its appeal AP15/03605 and as to the costs of appeal AP14/59183 within 14 days.' 'Ms Haddad has leave to reply to any such submissions within a further 14 days.' 'Appeal AP15/03605 and...