Jones, T.M. v Deicke Enterprises Pty Ltd & Anor [1988] FCA 171

Jones, T.M. v Deicke Enterprises Pty Ltd & Anor [1988] FCA 171

Given that there was no flagrant or contumacious non-compliance and the errors were attributable to the applicant's solicitors rather than the applicant, and given the consequences for limitation periods, the order striking out proceedings should be set aside.

Parties
Applicant: Thomas Michael Jones; First Respondent: Deicke Enterprises Pty. Ltd.; Second Respondent: Eileen Deicke
Jurisdiction
Australia
Judgment Date
15 April 1988
Procedural Posture
Application Concerning Sale of Land / Interlocutory; Application to Set Aside Previous Orders Striking Out the Principal Application
Outcome
Orders striking out the principal application set aside. Costs orders made against applicant.
Legal Topics
Restoration of Proceedings, Directions Hearings, Compliance With Court Orders, Costs
Civil Procedure Restoration of Proceedings Directions Hearings Compliance With Court Orders Costs

Case Brief

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Parties

Thomas Michael Jones

Applicant

Deicke Enterprises Pty. Ltd.

First Respondent

Eileen Deicke

Second Respondent

Procedural Posture

Application Concerning Sale of Land / Interlocutory; Application to Set Aside Previous Orders Striking Out the Principal Application

Legal Issues

  1. 1 Whether to set aside the order striking out the principal application for non-appearance
  2. 2 The effect of solicitors' defaults on restoration of proceedings
  3. 3 Whether non-compliance was flagrant or contumacious

Ratio Decidendi

Given that there was no flagrant or contumacious non-compliance and the errors were attributable to the applicant's solicitors rather than the applicant, and given the consequences for limitation periods, the order striking out proceedings should be set aside.

Court Disposition

Orders striking out the principal application set aside. Costs orders made against applicant.

Orders

  • The orders made on 21 March 1988 be set aside.
  • The applicant pay the respondents' taxed costs relating to the appearance on 21 March 1988.