Wills v Morris [No 2] [2008] FCA 1413

Wills v Morris [No 2] [2008] FCA 1413

The applicant failed to articulate any comprehensible cause of action against the respondents and failed to prosecute the proceeding with due diligence. There was no reasonable prospect of success as required by s 31A of the Act, and the application ought to be dismissed, including for failure to prosecute.

Jurisdiction
Australia
Judgment Date
16 September 2008
Procedural Posture
Application / Summary Judgment and Dismissal
Outcome
Application dismissed. Summary judgment for the fourth-named respondent. Costs awarded to the fourth-named respondent.
Legal Topics
['summary Judgment' 'dismissal for Want of Prosecution']
['civil Procedure'] ['summary Judgment' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Application / Summary Judgment and Dismissal

Legal Issues

  1. 1 ['Whether the applicant had any reasonable prospect of successfully prosecuting the proceeding as against the fourth-named respondent' "Whether the applicant's claims should be dismissed for failure to prosecute diligently"]

Ratio Decidendi

The applicant failed to articulate any comprehensible cause of action against the respondents and failed to prosecute the proceeding with due diligence. There was no reasonable prospect of success as required by s 31A of the Act, and the application ought to be dismissed, including for failure to prosecute.

Court Disposition

Application dismissed. Summary judgment for the fourth-named respondent. Costs awarded to the fourth-named respondent.

Orders

  • ['The proceedings against the fourth-named respondent, Mr Steve Deschamp, be dismissed.' "The applicant pay the fourth-named respondent's costs of and incidental to the notice of motion dated 22 July 2008 and the costs of the proceedings generally including any reserved costs." 'The Application dated 19 December...