Abriel v Bennett

The appeal concerned an application by the appellant, Abriel, to set aside an order made by a Master dismissing his proceedings against the respondent, Bennett, for failure to comply with a court order. The appellant was acting as a litigant in person.

The central legal issue before the Court of Appeal was whether the Master's dismissal of the proceedings constituted an abuse of process, and if so, whether the appeal should be allowed. The Court was required to consider the application of rule 5 of Part 13 of the Court Rules concerning the dismissal of proceedings.

The Court reasoned that the Master's order was not an abuse of process. It was noted that the appellant had been given ample opportunity to comply with the court's directions and had failed to do so. The Court applied the principle that a litigant in person is not exempt from the ordinary rules of court and that persistent failure to comply with court orders can lead to dismissal of proceedings.

The application was dismissed with costs.