Application by councillor to review decision of local government code of conduct panel decision
Dismissal for want of prosecution.
Quick Take
1A deliberate and sustained failure by an applicant to comply with tribunal and court directions, attend hearings, and provide evidence in support of a review application constitutes intentional delay warranting dismissal for want of prosecution under s 88(4) of the TASCAT Act.
2An applicant's belief that a separate, unrelated review proceeding may render the current proceeding moot does not constitute a legitimate basis for refusing to comply with directions or prosecute the current application.
3Where an application for review is dismissed for want of prosecution, a stay of the underlying decision previously granted may be revoked under s 77(3)(b)(i) of the TASCAT Act, restoring the operation of the original decision.
