Highway Hotel Pty Ltd & Ors v The City of Bunbury & Ors

[2000] WASCA 421

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time
4. › Delay in prosecuting appeal
5. › Delay attributable to solicitors rather than appellants
6. › Whether appeal devoid of merit
7. › Rules of the Supreme Court 1971 (WA)
1. Practice and Procedure
2. › Appeals
3. › Dismissal for want of prosecution
4. › Delay caused by solicitors' neglect
5. › Whether prejudice to respondent
6. › Whether delay intentional or contumelious

Quick Take

Where delay in prosecuting an appeal is attributable to the appellants' solicitors rather than the appellants themselves, and the delay is not intentional or contumelious and causes no material prejudice, the court will not dismiss the appeal for want of prosecution. The merits of the appeal are not examined on an application for extension of time for a procedural step unless the appeal is so devoid of merit that extension would be futile.