austlii:tas/TASCAT/2025/227
General information, not legal advice.
TASCAT
2025-12-15
Original judgment source is linked above.
24 The guiding principle for the exercise of a discretion to dismiss an action for want of prosecution is that such an order will be made if the justice of the occasion demands it: Shepperdson v Lewis [1966] VicRp 59; [1966] VR 418 per O'Bryan J at 419; Masel v Transport Industries Insurance Co Ltd [1995] VicRp 59; [1995] 2 VR 328 at 332. The power to dismiss an action for want of prosecution exists as part of the general or inherent jurisdiction of the court, and has not been conferred by any statute or rule of court. The discretion is thus not fettered by any legislative restriction, but it must be exercised in accordance with principles that have been developed by the common law: Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513; Kahavounitis v NRMA Insurance Ltd [1999] TASSC 2 at 4. The principles governing the exercise of the discretion that have been developed are guidelines, rather than binding rules of law: Closer Settlement Board v Thomas [1982] TASRp 18; [1982] Tas R 179 at 186, 190, 194 - 195; Masel v Transport Industries Insurance Co Ltd (supra) at 332. The discretion must be exercised judicially after taking into account all the circumstances of the case. Particular factors that should be taken into account are the length of the delay, the nature of any explanation given for the delay, and any prejudice to the defendants that has arisen or might arise as a result of the delay: Closer Settlement Board v Thomas (supra); Masel v Transport Industries Insurance Ltd (supra)....
Mandeep
Consumer Building and Occupational Services [2025] TASCAT 227
Attorney-General & Anor v Argo Pty Ltd & Ors [2001] TASSC 70
(1986) 161 CLR 513