The discretion to dismiss proceedings for want of due despatch under UCPR r 12.7 extends to cases of 'want of constructive activity' — not merely inactivity — and the court may have regard to the entire history of the proceedings including the overriding purpose provisions of the Civil Procedure Act 2005 (NSW). Dismissal solely on proportionality grounds without additional factors is likely to be justified only rarely.
The full text is available to signed-in members, including the 66 later cases that cite this judgment.
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