ROSIER FUEL INJECTION SERVICE PTY LTD v THOMPSON [1988] NSWCA 131

ROSIER FUEL INJECTION SERVICE PTY LTD v THOMPSON [1988] NSWCA 131

The appeal should not be dismissed for want of prosecution as there is a reasonable explanation for the delay, being the need to obtain senior counsel's opinion for legal aid, and the motion was properly brought so the costs of the motion should be respondent's costs in the appeal.

Source-derived case information.

Parties
Appellant: Rosier Fuel Injection Service Pty Ltd; Respondent/cross Appellant: Thompson
Jurisdiction
Australia
Judgment Date
26 September 1988
Procedural Posture
Appeal / Interlocutory Motion Application to Dismiss for Want of Prosecution
Outcome
motion dismissed
Legal Topics
Appeal, Dismissal for Want of Prosecution, Costs
Civil Procedure Appeal Dismissal for Want of Prosecution Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rosier Fuel Injection Service Pty Ltd

Appellant

Thompson

Respondent/cross Appellant

Procedural Posture

Appeal / Interlocutory Motion Application to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution

Ratio Decidendi

The appeal should not be dismissed for want of prosecution as there is a reasonable explanation for the delay, being the need to obtain senior counsel's opinion for legal aid, and the motion was properly brought so the costs of the motion should be respondent's costs in the appeal.

Court Disposition

motion dismissed

Orders

  • Motion dismissed.
  • The costs of the motion to be respondent's costs in the appeal.