Hakim and Hakcom Investments Pty Ltd & anor [2004] NSWIRComm 405

Hakim and Hakcom Investments Pty Ltd & anor [2004] NSWIRComm 405

The history of the proceedings does not warrant a finding that the applicant has failed to pursue the proceedings with due diligence. There was no serious prejudice to the respondent, and the interests of justice are best served by permitting the application to be heard and determined.

Parties
Applicant: Jonathon Hakim; First Respondent: Hakcom Investments Pty Ltd; Second Respondent: Anthony Hakim
Jurisdiction
Australia
Judgment Date
15 December 2004
Procedural Posture
Unfair Contract Application Under S 106 of Industrial Relations Act / Hearing of Notice of Motion to Dismiss for Want of Prosecution
Outcome
Notice of motion to dismiss for want of prosecution dismissed
Legal Topics
Want of Prosecution, Case Management, Unfair Contract, Adjournment, Costs
Industrial Law Want of Prosecution Case Management Unfair Contract Adjournment Costs

Case Brief

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Parties

Jonathon Hakim

Applicant

Hakcom Investments Pty Ltd

First Respondent

Anthony Hakim

Second Respondent

Procedural Posture

Unfair Contract Application Under S 106 of Industrial Relations Act / Hearing of Notice of Motion to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the applicant failed to pursue proceedings with due diligence
  2. 2 Whether summons should be dismissed for want of prosecution under r 146 of the Industrial Relations Commission Rules

Ratio Decidendi

The history of the proceedings does not warrant a finding that the applicant has failed to pursue the proceedings with due diligence. There was no serious prejudice to the respondent, and the interests of justice are best served by permitting the application to be heard and determined.

Court Disposition

Notice of motion to dismiss for want of prosecution dismissed

Orders

  • Notice of motion is dismissed
  • Costs are costs in the cause