The 12 factors identified in Tyler v Custom Credit Corp Ltd for dismissal for want of prosecution are not an exhaustive checklist requiring specific findings on each factor; the discretion requires consideration of all relevant circumstances. Where a defendant bearing an onus of proof has itself been dilatory in advancing litigation, this significantly undermines its complaint that the plaintiff's delay caused prejudice. The availability of detailed signed witness statements admissible under s 92 of the Evidence Act 1977 (Qld) substantially mitigates the prejudice claimed from a witness's death.
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