12 Oct 2016
The appeal is deemed abandoned under r 43 because the appellant failed to apply for allocation of a hearing date and to file the case on appeal within the prescribed periods and did not seek a permissible extension within the statutory time; alternatively, even if extant the appeal would be dismissed for serious unexplained delay and failure to file affidavits demonstrating a defence.
22 Jul 2016
Counsel's erroneous statement that a default notice had been served was inadvertent, promptly corrected and did not produce a miscarriage of justice; therefore the directions of 7 April 2016 were not fraudulently or improperly obtained and the rescission application must be dismissed; costs to lie where they fall and the unresolved appointment/dismissal application is to be set down for hearing.
3 Aug 2012
The Court held that staying the proceeding for non-payment of security did not preclude dismissal under r 20.13(5); however, because the respondent would not suffer undue prejudice by the appeal remaining stayed in the short term, the Court exercised its discretion to grant an 'unless' order rather than immediate dismissal: appellant must pay $3,500 security into court by 16 November 2012 or the appeal will be dismissed; if security is paid the Court set timetable directions for hearing; costs of the dismissal application reserved as costs in the cause.
5 Sept 2007
Court allowed the review, concluding on a de novo assessment that the proceedings have been subject to inordinate and inexcusable delay which has created a real risk of serious prejudice to the defendant and that, in the interests of justice, the proceeding must be dismissed under Rule 478 of the High Court Rules.