Michael May appeared on behalf of the appellant and the sixth and seventh respondents.
The appellant successfully appealed an order refusing to extend the time for compliance with a self-executing order, which had led to the dismissal of the proceedings and entry of judgement for the defendants.
The central issue was whether the discretion to extend time for compliance with consent orders under r 7 of the Uniform Civil Procedure Rules 1999 (Qld) should have been exercised and thereby avoid the dismissal of the proceedings. The Court held that the primary judge identified the correct legal test but erred in the exercise of the discretion, because insufficient weight was given to the appellant’s substantial compliance with the orders, the explanation for the delay in proceedings, and the role of the former solicitors in the non-compliance.
The appeal was allowed. The Court set aside the orders dismissing the proceedings and entering judgment for the defendants, vacated the self-executing dismissal provision and amended the costs orders. The matter was remitted for further case management directions.
The judgment can be read by clicking here
