COLEMAN v COX [1995] NSWCA 83

COLEMAN v COX [1995] NSWCA 83

The appeal was dismissed for want of prosecution as the opponent failed to attend callovers, withdrew instructions from his solicitor, and made it difficult for personal service to be effected, demonstrating lack of diligence and interest in prosecuting the appeal.

Parties
Claimant: Dominic Coleman; Claimant: John Coleman; Claimant: Andrew Coleman; Opponent: Peter William Cox
Jurisdiction
Australia
Judgment Date
18 August 1995
Procedural Posture
Appeal / Motion for Dismissal for Want of Prosecution
Outcome
appeal dismissed for want of prosecution
Legal Topics
Dismissal for Want of Prosecution, Failure to Attend, Withdrawal of Instructions, Loss of Interest in Appeal
Practice and Procedure Dismissal for Want of Prosecution Failure to Attend Withdrawal of Instructions Loss of Interest in Appeal

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 3
Sign in to unlock

Parties

Dominic Coleman

Claimant

John Coleman

Claimant

Andrew Coleman

Claimant

Peter William Cox

Opponent

Procedural Posture

Appeal / Motion for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to failure to attend callovers and withdrawal of instructions
  2. 2 Whether the appeal has been properly prosecuted in accordance with the rules

Ratio Decidendi

The appeal was dismissed for want of prosecution as the opponent failed to attend callovers, withdrew instructions from his solicitor, and made it difficult for personal service to be effected, demonstrating lack of diligence and interest in prosecuting the appeal.

Court Disposition

appeal dismissed for want of prosecution

Orders

  • Dismiss the appeal of Peter William Cox against the judgment entered against him in the District Court by Taylor J
  • Order that the opponent pay the claimants' costs of the appeal and of the motion for the dismissal of the appeal for want of prosecution