WESTRAY ENGINEERING Pty Ltd v MOUSSA [1993] NSWCA 287

WESTRAY ENGINEERING Pty Ltd v MOUSSA [1993] NSWCA 287

In view of the gross delay and lack of adequate explanation, yet considering the pending legal aid application and possible innocence of the opponent, proceedings should be stood over with directions, not dismissed, but papers referred to the Law Society for investigation.

Parties
Claimant: Westray Engineering Pty Ltd; Opponent: Moussa
Jurisdiction
Australia
Judgment Date
01 March 1993
Procedural Posture
Appeal / Interlocutory Application for Dismissal for Want of Prosecution
Outcome
Proceedings stood over with directions; papers referred to the Law Society for investigation; costs order against opponent.
Legal Topics
Gross Delay in Prosecution of Appeal, Application to Dismiss for Want of Prosecution, Duty of Care of Solicitors, Investigation of Practitioner Conduct
Practice and Procedure Legal Practitioners Gross Delay in Prosecution of Appeal Application to Dismiss for Want of Prosecution Duty of Care of Solicitors Investigation of Practitioner Conduct

Case Brief

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Parties

Westray Engineering Pty Ltd

Claimant

Moussa

Opponent

Procedural Posture

Appeal / Interlocutory Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to gross delay
  2. 2 Whether the delay in the conduct of the appeal should be referred to the Law Society for investigation

Ratio Decidendi

In view of the gross delay and lack of adequate explanation, yet considering the pending legal aid application and possible innocence of the opponent, proceedings should be stood over with directions, not dismissed, but papers referred to the Law Society for investigation.

Court Disposition

Proceedings stood over with directions; papers referred to the Law Society for investigation; costs order against opponent.

Orders

  • Confirm the call-over of the proceedings before the Registrar on 10 March 1993.
  • Direct the Associate to inform the Legal Aid Commission to expedite consideration of the opponent's application for legal aid.