Templar v Watt (No 2) [2015] NSWSC 997

Templar v Watt (No 2) [2015] NSWSC 997

Although the further delay was serious and the defendants' application was warranted, the principal recent delay was caused by the plaintiffs' legal representatives' failure to carry out simple administrative tasks rather than by the plaintiffs personally. Because dismissal would be a draconian sanction, an order short of dismissal, with strict conditional consequences for any further breach, was appropriate.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Application to Have Proceedings Dismissed for Want of Due Despatch / Ex Tempore Ruling
Outcome
Application to have proceedings dismissed for want of due despatch dismissed.
Legal Topics
['dismissal for Want of Due Despatch' 'delay' 'mediation Directions' 'conditional Dismissal' 'costs Reserved']
['civil Procedure'] ['dismissal for Want of Due Despatch' 'delay' 'mediation Directions' 'conditional Dismissal' 'costs Reserved']

Case Brief

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Procedural Posture

Application to Have Proceedings Dismissed for Want of Due Despatch / Ex Tempore Ruling

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed for want of due despatch because of further delay after an earlier warning.' "Whether the recent delay should be visited on the plaintiffs personally where it was caused by their legal representatives' failure to attend to administrative steps." 'Whether costs of the present application should be paid by the plaintiffs forthwith or reserved.']

Ratio Decidendi

Although the further delay was serious and the defendants' application was warranted, the principal recent delay was caused by the plaintiffs' legal representatives' failure to carry out simple administrative tasks rather than by the plaintiffs personally. Because dismissal would be a draconian sanction, an order short of dismissal, with strict conditional consequences for any further breach, was appropriate.

Court Disposition

Application to have proceedings dismissed for want of due despatch dismissed.

Orders

  • ['The expert report be served by close of business today.' "Within seven days of today the plaintiffs' legal representatives in co-operation with Mr Cantrell approach the list clerk and obtain a date for further mediation and a date for hearing." 'In the event of any breach on the part of the plaintiffs of either...