Wexl Hydraulic Services Contracting Pty Limited and Anor v Sambah Holdings Pty Limited as Trustee for the Sambah Unit Trust and Ors [2002] NSWIRComm 84

Wexl Hydraulic Services Contracting Pty Limited and Anor v Sambah Holdings Pty Limited as Trustee for the Sambah Unit Trust and Ors [2002] NSWIRComm 84

In view of no appearance by applicants, liquidation of first applicant, and intention of liquidator not to proceed, the proceedings were dismissed for want of prosecution and costs awarded to respondents on a party/party basis.

Jurisdiction
Australia
Judgment Date
17 April 2002
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Hearing of Notice of Motion to Dismiss for Want of Prosecution
Outcome
proceedings dismissed for want of prosecution
Legal Topics
['unfair Contract' 'dismissal for Want of Prosecution' 'costs Order']
['industrial Relations'] ['unfair Contract' 'dismissal for Want of Prosecution' 'costs Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Hearing of Notice of Motion to Dismiss for Want of Prosecution

Legal Issues

  1. 1 ['Whether proceedings should be dismissed for want of prosecution' 'Whether indemnity costs should be awarded or only party/party costs']

Ratio Decidendi

In view of no appearance by applicants, liquidation of first applicant, and intention of liquidator not to proceed, the proceedings were dismissed for want of prosecution and costs awarded to respondents on a party/party basis.

Court Disposition

proceedings dismissed for want of prosecution

Orders

  • ['Proceedings are dismissed for want of prosecution.' "Applicants to pay respondents' costs on a party/party basis as agreed or assessed."]