ACN 115 918 959 Pty Ltd v Moulieris

[2024] VSCA 71

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Victorian Civil and Administrative Tribunal
4. › Dismissal for want of prosecution
5. › Whether Tribunal failed to take into account relevant consideration of hardship to applicant
6. › Whether Tribunal's surmise as to applicant's lack of interest was irrelevant consideration
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 76, 78, 148
1. Administrative Law
2. › Judicial review
3. › Victorian Civil and Administrative Tribunal
4. › Conduct of proceeding causing disadvantage
5. › Determination of counterclaim under s 78
6. › Whether Tribunal's reasoning extended to counterclaim
7. › Whether absence of express treatment of counterclaim constituted error
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 78(2)(b)(i)
1. Practice and Procedure
2. › Dismissal for want of prosecution
3. › Intentional and contumelious default
4. › Inordinate and inexcusable delay
5. › Hardship to applicant as relevant consideration
6. › Whether evidence of hardship required where limitation period expired

Quick Take

A party facing dismissal for want of prosecution cannot rely on the inherent hardship of dismissal without adducing evidence, particularly where the party's own conduct raises questions about its interest in pursuing the claim.