Presumptive prejudice from delay, passage of time, and unrecoverable costs orders is a legitimate consideration in applications to dismiss for want of prosecution, and actual prejudice need not be established. The principles in Hoser v Hartcher must now be read in light of the Civil Procedure Act 2005 (NSW), which provides a wider discretion for dismissal. The Hoser criteria are guidelines, not mandatory requirements applicable in all circumstances.
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