Lee and Anor v Song and Anor [2005] NSWIRComm 345

Lee and Anor v Song and Anor [2005] NSWIRComm 345

The applicants failed to pursue their claim with due diligence, did not maintain an address for service, did not respond to communications, did not file further evidence as previously invited, and did not appear to resist the motion or orders. The respondents took proper steps to notify the applicants. In the interests of justice, the proceedings must be dismissed for want of prosecution, with costs and release of security for costs granted to the respondents.

Jurisdiction
Australia
Judgment Date
23 September 2005
Procedural Posture
Unfair Contract Dismissal for Want of Prosecution / Respondents' Notice of Motion for Dismissal, Judgment on Dismissal
Outcome
Application dismissed for want of prosecution; costs awarded to respondents; security for costs to be released to respondents; balance (if any) to be returned to first applicant.
Legal Topics
['want of Prosecution' 'dismissal of Proceedings' 'security for Costs' 'address for Service' 'unrepresented Litigants']
['industrial Law'] ['want of Prosecution' 'dismissal of Proceedings' 'security for Costs' 'address for Service' 'unrepresented Litigants']

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Procedural Posture

Unfair Contract Dismissal for Want of Prosecution / Respondents' Notice of Motion for Dismissal, Judgment on Dismissal

Legal Issues

  1. 1 ["Whether the proceedings should be dismissed for want of prosecution due to the applicants' failure to prosecute their claim in a timely fashion" 'Whether the respondents took proper steps to notify the applicants of the application for dismissal' 'Whether justice required dismissal of proceedings in the circumstances']

Ratio Decidendi

The applicants failed to pursue their claim with due diligence, did not maintain an address for service, did not respond to communications, did not file further evidence as previously invited, and did not appear to resist the motion or orders. The respondents took proper steps to notify the applicants. In the interests of justice, the proceedings must be dismissed for want of prosecution, with costs and release of security for costs granted to the respondents.

Court Disposition

Application dismissed for want of prosecution; costs awarded to respondents; security for costs to be released to respondents; balance (if any) to be returned to first applicant.

Orders

  • ['The proceedings be dismissed.' "The applicants pay the respondents' costs, as agreed or assessed." "The Registrar release to the respondents so much of the money paid into Court by the applicants as security for costs, as would satisfy the respondents' costs, following upon the parties advising that an agreement...