French, A.E. & Anor v. Wills, J.S.H. & Anor [1994] FCA 911

Due to the lack of affidavit evidence explaining the delay in service and conduct of proceedings, and after settlement with the second respondent, the court ordered the matter to be taken out of the list and to be relisted in six months. Applicants are given leave to relist with supporting affidavits explaining the delay.

Parties: Applicant: Allan Elijah French and Another; Respondent: James Sidney Howe Wills; Respondent: Peter Brand Real Estate Pty Limited
Jurisdiction: Australia
Judgment Date: 24 November 1994
Procedural Posture: General Division / Interlocutory Relisting Decision
Outcome: Matter taken out of list and to be relisted in six months; leave granted to applicants to apply for relisting with affidavits explaining delays.
Legal Topics: Service of Process, Delay in Proceedings, Settlement

Civil Procedure Service of Process Delay in Proceedings Settlement

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Parties

Allan Elijah French and Another

Applicant

James Sidney Howe Wills

Respondent

Peter Brand Real Estate Pty Limited

Respondent

Procedural Posture

General Division / Interlocutory Relisting Decision

Legal Issues

1 Delay in service of first respondent
2 Delay in conduct of proceedings
3 Relisting or dismissal of proceedings

Ratio Decidendi

Court Disposition

Matter taken out of list and to be relisted in six months; leave granted to applicants to apply for relisting with affidavits explaining delays.

Orders

Matter to be relisted on 24 May 1995.
Applicants given leave to apply to relist with affidavits explaining delays.