Camerons Unit Services Pty Ltd & ors v Kevin R Whelpton & Associates (Aust) Pty Ltd & ors [1985] FCA 380

Camerons Unit Services Pty Ltd & ors v Kevin R Whelpton & Associates (Aust) Pty Ltd & ors [1985] FCA 380

The application was dismissed for want of prosecution because the applicants, due to lack of legal aid and financial position, were not able to proceed within a reasonable time, with the dismissal being without prejudice to their right to commence fresh proceedings.

Parties
First Applicant: Cameron's Unit Services Pty Limited; Second Applicant: Donald Cameron; First Respondent: Kevin R Whelpton & Associates (Aust) Pty Limited; Second Respondent: Kevin Whelpton
Jurisdiction
Australia
Judgment Date
18 July 1985
Procedural Posture
Federal Court General Division Proceeding / Application Dismissed for Want of Prosecution; Interlocutory Orders
Outcome
Application dismissed for want of prosecution without prejudice; respondents granted leave to discontinue Cross-claim; costs ordered as specified.

Case Brief

Summary, issues, holding and outcome

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Parties

Cameron's Unit Services Pty Limited

First Applicant

Donald Cameron

Second Applicant

Kevin R Whelpton & Associates (Aust) Pty Limited

First Respondent

Kevin Whelpton

Second Respondent

Procedural Posture

Federal Court General Division Proceeding / Application Dismissed for Want of Prosecution; Interlocutory Orders

Legal Issues

  1. 1 Whether the proceeding should be dismissed for want of prosecution due to applicants' failure to proceed

Ratio Decidendi

The application was dismissed for want of prosecution because the applicants, due to lack of legal aid and financial position, were not able to proceed within a reasonable time, with the dismissal being without prejudice to their right to commence fresh proceedings.

Court Disposition

Application dismissed for want of prosecution without prejudice; respondents granted leave to discontinue Cross-claim; costs ordered as specified.

Orders

  • Proceeding constituted by the Application is dismissed for want of prosecution, without prejudice to applicants' rights to bring fresh proceedings or claim the same relief in fresh proceedings.
  • Leave granted to the respondents to discontinue the Cross-claim.