TELADO PTY LTD v VINCENT [1992] NSWCA 248

TELADO PTY LTD v VINCENT [1992] NSWCA 248

The notice of motion to dismiss the appeal for want of prosecution is dismissed because, despite negligent delay by the appellant's solicitor, there has been no demonstrated prejudice to the claimant, and the claimant does not seek expedition. However, because the delay was due to the appellant's solicitor's negligence, the opponent is to pay the claimant's costs on an indemnity basis, with leave to tax costs prior to the conclusion of the appeal.

Parties
Appellant: Telado Pty Ltd; Respondent: Vincent; Respondent: Terrence Patrick O'Neill
Jurisdiction
Australia
Judgment Date
23 April 1992
Procedural Posture
Civil / Application to Dismiss Appeal for Want of Prosecution
Outcome
application dismissed
Legal Topics
Appeal Dismissal, Costs Indemnity, Want of Prosecution, Delay in Prosecution
Civil Procedure Appeal Dismissal Costs Indemnity Want of Prosecution Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Telado Pty Ltd

Appellant

Vincent

Respondent

Terrence Patrick O'Neill

Respondent

Procedural Posture

Civil / Application to Dismiss Appeal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to delay in settling the appeal book
  2. 2 Whether costs should be awarded on an indemnity basis due to solicitor's negligence

Ratio Decidendi

The notice of motion to dismiss the appeal for want of prosecution is dismissed because, despite negligent delay by the appellant's solicitor, there has been no demonstrated prejudice to the claimant, and the claimant does not seek expedition. However, because the delay was due to the appellant's solicitor's negligence, the opponent is to pay the claimant's costs on an indemnity basis, with leave to tax costs prior to the conclusion of the appeal.

Court Disposition

application dismissed

Orders

  • The notice of motion is dismissed.
  • The opponent is to pay the claimant's costs on an indemnity basis.