Blue Mountains Developers Pty Ltd v Harwood; Walmsley v Blue Mountains Developers Pty Ltd [2012] NSWSC 1265

Blue Mountains Developers Pty Ltd v Harwood; Walmsley v Blue Mountains Developers Pty Ltd [2012] NSWSC 1265

Given the plaintiffs' eventual commitment to rely only on evidence already served and the clarification of their position at hearing, it was not appropriate to strike out the proceedings for want of prosecution. The matter was referred to the Registrar to fix a hearing date.

Jurisdiction
Australia
Judgment Date
24 October 2012
Procedural Posture
Interlocutory Applications / Motion to Strike Out for Want of Prosecution
Outcome
Application to strike out proceedings refused.
Legal Topics
['strike Out for Want of Prosecution' 'failure to Comply With Orders' 'joint Venture Dispute']
['civil Procedure' 'equity'] ['strike Out for Want of Prosecution' 'failure to Comply With Orders' 'joint Venture Dispute']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications / Motion to Strike Out for Want of Prosecution

Legal Issues

  1. 1 ['Whether proceedings should be struck out for want of prosecution due to failure to comply with court orders']

Ratio Decidendi

Given the plaintiffs' eventual commitment to rely only on evidence already served and the clarification of their position at hearing, it was not appropriate to strike out the proceedings for want of prosecution. The matter was referred to the Registrar to fix a hearing date.

Court Disposition

Application to strike out proceedings refused.

Orders

  • ['Refer the matter to the Registrar to fix a date for hearing.' 'Parties to be heard on costs.']