MULTIPLEX CONSTRUCTIONS (NSW) PTY LTD AND ANOR v DALEGROVE PTY LTD [1992] NSWCA 165

MULTIPLEX CONSTRUCTIONS (NSW) PTY LTD AND ANOR v DALEGROVE PTY LTD [1992] NSWCA 165

The appeal is struck out for want of prosecution due to significant default in preparation, but the order is not to be taken out until an appropriate period after 7 August 1992, given the respondent's communication regarding absence and request for adjournment.

Parties
Applicant: Multiplex Constructions (NSW) Pty Ltd; Respondent: Dalegrove Pty Ltd
Jurisdiction
Australia
Judgment Date
20 July 1992
Procedural Posture
Application to Strike Out Notice of Appeal / Court of Appeal Ruling on Strike Out Application
Outcome
appeal struck out for want of prosecution, with deferred execution until 28 August 1992
Legal Topics
Want of Prosecution, Appeal Processes, Strike Out Application
Civil Procedure Want of Prosecution Appeal Processes Strike Out Application

Case Brief

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Parties

Multiplex Constructions (NSW) Pty Ltd

Applicant

Dalegrove Pty Ltd

Respondent

Procedural Posture

Application to Strike Out Notice of Appeal / Court of Appeal Ruling on Strike Out Application

Legal Issues

  1. 1 Whether notice of appeal should be struck out for want of prosecution

Ratio Decidendi

The appeal is struck out for want of prosecution due to significant default in preparation, but the order is not to be taken out until an appropriate period after 7 August 1992, given the respondent's communication regarding absence and request for adjournment.

Court Disposition

appeal struck out for want of prosecution, with deferred execution until 28 August 1992

Orders

  • Appeal struck out for want of prosecution
  • Order conditional upon service of judgment on Dalegrove Pty Ltd prior to 7 August 1992