LIGHTING and ALLIED MANUFACTURING Pty Ltd (now known as AUSTRALUME Pty Ltd) v JEZ [1993] NSWCA 162

Motion stood over for further consideration; papers referred to the Law Society for investigation due to possible delay caused by former solicitors, as dismissal without hearing on the merits is only appropriate where delay is not attributable to legal representatives.

Parties: Claimant: LIGHTING and ALLIED MANUFACTURING Pty Ltd (now known as AUSTRALUME Pty Ltd); Opponent: JEZ
Jurisdiction: Australia
Judgment Date: 01 March 1993
Procedural Posture: Appeal / Motion for Dismissal for Want of Prosecution
Outcome: Motion stood over for further hearing; referral to Law Society for investigation; costs order made
Legal Topics: Dismissal of Appeal for Want of Prosecution, Delays in Prosecution, Professional Duty of Solicitor

Practice and Procedure Legal Practitioners Dismissal of Appeal for Want of Prosecution Delays in Prosecution Professional Duty of Solicitor

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Parties

LIGHTING and ALLIED MANUFACTURING Pty Ltd (now known as AUSTRALUME Pty Ltd)

Claimant

JEZ

Opponent

Procedural Posture

Appeal / Motion for Dismissal for Want of Prosecution

Legal Issues

1 Whether the appeal should be dismissed for want of prosecution due to delay
2 Whether the delay was caused by failure of legal representatives
3 Duty of solicitor to prosecute appeals promptly and efficiently

Ratio Decidendi

Court Disposition

Motion stood over for further hearing; referral to Law Society for investigation; costs order made

Orders

Motion stood over for further hearing before the Court on 29 March 1993
Solicitor for the opponent to file affidavit deposing to steps taken to prosecute appeal