Gill v iiNet Limited [2015] FCA 1029

Gill v iiNet Limited [2015] FCA 1029

The proceeding was dismissed because the applicant failed to file and serve a statement of claim as ordered and failed to prosecute the proceeding with due diligence, having had multiple opportunities to articulate a proper claim and persistently failing to do so.

Parties
Applicant: Dennis Malcolm Gill; Respondent: iiNet Limited
Jurisdiction
Australia
Judgment Date
07 September 2015
Procedural Posture
Disability Discrimination Application / Application for Dismissal for Want of Prosecution and Non Compliance With Court Orders
Outcome
Proceeding dismissed with costs to the respondent.
Legal Topics
Disability Discrimination, Dismissal for Want of Prosecution, Non Compliance With Court Orders
Discrimination Law Civil Procedure Disability Discrimination Dismissal for Want of Prosecution Non Compliance With Court Orders

Case Brief

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Parties

Dennis Malcolm Gill

Applicant

iiNet Limited

Respondent

Procedural Posture

Disability Discrimination Application / Application for Dismissal for Want of Prosecution and Non Compliance With Court Orders

Legal Issues

  1. 1 Whether the proceeding should be dismissed for failure to comply with a court order to file and serve a statement of claim
  2. 2 Whether the proceeding should be dismissed for failure to prosecute with due diligence

Ratio Decidendi

The proceeding was dismissed because the applicant failed to file and serve a statement of claim as ordered and failed to prosecute the proceeding with due diligence, having had multiple opportunities to articulate a proper claim and persistently failing to do so.

Court Disposition

Proceeding dismissed with costs to the respondent.

Orders

  • The proceeding is dismissed pursuant to rule 5.23(1)(b) for failure to comply with court order.
  • The proceeding is dismissed pursuant to rule 5.23(1)(b) for failure to prosecute with due diligence within the meaning of r 5.22.