Bryant, Adrian Cecil v Australia & New Zealand Banking Group Ltd [1998] FCA 735

Bryant, Adrian Cecil v Australia & New Zealand Banking Group Ltd [1998] FCA 735

The court was not persuaded that the delay was justified or that Mr Lumley was essential to the prosecution of the case against the third respondent. The evidence did not establish a sufficient basis to set aside the dismissal; accordingly, the motion was dismissed with costs.

Parties
Applicant: Adrian Cecil Bryant; First Respondent: Australian & New Zealand Banking Group Limited (ACN 005 357 522); Second Respondent: Raymond Lumley; Third Respondent: John B Hajje
Jurisdiction
Australia
Judgment Date
22 June 1998
Procedural Posture
Motion / Motion to Set Aside Order of Dismissal
Outcome
motion dismissed with costs
Legal Topics
Dismissal for Non Prosecution, Setting Aside Orders, Delay in Prosecution
Civil Procedure Dismissal for Non Prosecution Setting Aside Orders Delay in Prosecution

Case Brief

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Parties

Adrian Cecil Bryant

Applicant

Australian & New Zealand Banking Group Limited (ACN 005 357 522)

First Respondent

Raymond Lumley

Second Respondent

John B Hajje

Third Respondent

Procedural Posture

Motion / Motion to Set Aside Order of Dismissal

Legal Issues

  1. 1 Whether the order of dismissal for non-prosecution against the applicant should be set aside

Ratio Decidendi

The court was not persuaded that the delay was justified or that Mr Lumley was essential to the prosecution of the case against the third respondent. The evidence did not establish a sufficient basis to set aside the dismissal; accordingly, the motion was dismissed with costs.

Court Disposition

motion dismissed with costs

Orders

  • Motion to set aside order of dismissal is dismissed with costs.