Hoefler, P v Tomlinson, P J & Ors [1995] FCA 1105

Hoefler, P v Tomlinson, P J & Ors [1995] FCA 1105

The appeal was dismissed because the appellant took no steps beyond filing a notice of appeal and showed no intention to prosecute further; evidence adduced for notice of motion hearing should have been limited to the existence and date of without prejudice communication, not its contents, in accordance with s 131 of the Evidence Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
09 November 1995
Procedural Posture
Appeal / Motion to Dismiss for Want of Prosecution
Outcome
Appeal dismissed for want of prosecution.
Legal Topics
['dismissal for Want of Prosecution' 'without Prejudice Communications' 'settlement Privilege']
['civil Procedure' 'evidence'] ['dismissal for Want of Prosecution' 'without Prejudice Communications' 'settlement Privilege']

Case Brief

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Procedural Posture

Appeal / Motion to Dismiss for Want of Prosecution

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for want of prosecution under O 52 r 38 of the Federal Court Rules' "Whether evidence of 'without prejudice' communications may be adduced in proceedings where delay is an issue"]

Ratio Decidendi

The appeal was dismissed because the appellant took no steps beyond filing a notice of appeal and showed no intention to prosecute further; evidence adduced for notice of motion hearing should have been limited to the existence and date of without prejudice communication, not its contents, in accordance with s 131 of the Evidence Act 1995 (Cth).

Court Disposition

Appeal dismissed for want of prosecution.

Orders

  • ['The appeal No QG139 of 1995 be dismissed.' "The appellant pay the respondents' costs of the appeal, including any reserved costs, to be taxed if not agreed." "The appellant pay the respondents' costs of this motion, to be taxed if not agreed."]