SPS Building Contractors Pty Ltd v Keith Dyer Plumbing Pty Ltd [2024] NSWSC 1426

SPS Building Contractors Pty Ltd v Keith Dyer Plumbing Pty Ltd [2024] NSWSC 1426

Given the plaintiff's failure to engage in or prosecute the proceedings over several months, non-compliance with court orders, lack of explanation for delay, and notice of the application, the interests of justice and the objects of the Civil Procedure Act warranted dismissal for want of prosecution pursuant to r 12.7(1) of the UCPR.

Parties
Plaintiff/ First Respondent: SPS Building Contractors Pty Ltd; First Defendant/ First Applicant: Keith Dyer Plumbing Pty Ltd; Second Defendant/ Second Respondent: Gregory Crowe trading as Monster Bricklaying Pty Ltd; Third Defendant/ Third Respondent: Joshua Grey; Fourth Defendant/ Second Applicant: SKWP Pty Ltd as trustee for the SKWP Trust trading as S & K Waterproofing Gold Coast; Fifth Defendant/ Fourth Respondent: Hamilton Hayes Henderson Architects Pty Ltd
Jurisdiction
Australia
Judgment Date
08 November 2024
Procedural Posture
Civil Proceeding Technology and Construction List / Application to Dismiss for Want of Prosecution
Outcome
Proceedings dismissed for want of prosecution. Plaintiff to pay defendants' costs.
Legal Topics
Dismissal for Want of Prosecution, Statutory Warranties Home Building, Non Compliance With Court Orders
Civil Procedure Building and Construction Law Dismissal for Want of Prosecution Statutory Warranties Home Building Non Compliance With Court Orders

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Parties

SPS Building Contractors Pty Ltd

Plaintiff/ First Respondent

Keith Dyer Plumbing Pty Ltd

First Defendant/ First Applicant

Gregory Crowe trading as Monster Bricklaying Pty Ltd

Second Defendant/ Second Respondent

Joshua Grey

Third Defendant/ Third Respondent

SKWP Pty Ltd as trustee for the SKWP Trust trading as S & K Waterproofing Gold Coast

Fourth Defendant/ Second Applicant

Hamilton Hayes Henderson Architects Pty Ltd

Fifth Defendant/ Fourth Respondent

Procedural Posture

Civil Proceeding Technology and Construction List / Application to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the plaintiff failed to prosecute the proceedings with due despatch under UCPR r 12.7(1)
  2. 2 Whether the proceedings ought to be dismissed for want of prosecution
  3. 3 Whether the plaintiff gave any explanation for the delay

Ratio Decidendi

Given the plaintiff's failure to engage in or prosecute the proceedings over several months, non-compliance with court orders, lack of explanation for delay, and notice of the application, the interests of justice and the objects of the Civil Procedure Act warranted dismissal for want of prosecution pursuant to r 12.7(1) of the UCPR.

Court Disposition

Proceedings dismissed for want of prosecution. Plaintiff to pay defendants' costs.

Orders

  • The proceedings be dismissed pursuant to r 12.7(1) of the Uniform Civil Procedure Rules 2005 (NSW).
  • The plaintiff is to pay the defendants' costs of the proceedings as agreed or assessed.