The overriding purpose provisions in ss 56-60 of the Civil Procedure Act 2005 (NSW) diminish the stringency of the [name withheld] v [name withheld] test for dismissal for want of prosecution, such that an appeal may be dismissed where there is clear and substantial delay, an inability to comply with the rules, no prospect of retaining legal representation, and prejudice to the respondent, even absent intentional and contumelious default. A party's chronic medical incapacity does not excuse indefinite delay where there is no prospect of the position changing.
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