THOMAS v THE AUSTRALIAN POSTAL COMMISSION and ANOR [1993] NSWCA 268

THOMAS v THE AUSTRALIAN POSTAL COMMISSION and ANOR [1993] NSWCA 268

The extraordinary, unexplained delay and the particular and general prejudice to the claimant, especially the absence of the trial judge's summing-up which resulted from the delay, justify the dismissal of the appeal for want of prosecution.

Parties
Opponent: Thomas; Claimant: Australian Postal Commission
Jurisdiction
Australia
Judgment Date
27 July 1993
Procedural Posture
Motion for Dismissal for Want of Prosecution in Appellate Proceedings / Ruling on Motion to Dismiss Appeal
Outcome
Appeal dismissed for want of prosecution against the claimant
Legal Topics
Dismissal for Want of Prosecution, Appeal Delay, Prejudice Due to Delay
Civil Procedure Dismissal for Want of Prosecution Appeal Delay Prejudice Due to Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas

Opponent

Australian Postal Commission

Claimant

Procedural Posture

Motion for Dismissal for Want of Prosecution in Appellate Proceedings / Ruling on Motion to Dismiss Appeal

Legal Issues

  1. 1 Whether the appeal against the claimant should be dismissed for want of prosecution due to inordinate and unexplained delay
  2. 2 Whether permitting the appeal to proceed would cause prejudice to the claimant

Ratio Decidendi

The extraordinary, unexplained delay and the particular and general prejudice to the claimant, especially the absence of the trial judge's summing-up which resulted from the delay, justify the dismissal of the appeal for want of prosecution.

Court Disposition

Appeal dismissed for want of prosecution against the claimant

Orders

  • Opponent to pay the claimant's costs of the appeal and the motion