Aqwell Pty Ltd v BJC Drilling Services Pty Ltd & Ors

Aqwell Pty Ltd sought to recover damages for breach of contract against BJC Drilling Services Pty Ltd and others. The second, third and fourth defendants applied for the proceeding to be dismissed for want of prosecution after the plaintiff failed to comply with an order to instruct an expert by 29 November 2011. The plaintiff argued that an agreement had been reached on 31 May 2012 to withdraw the application and that the application was therefore an abuse of process. The court had to decide whether dismissing the proceeding for want of prosecution was in the interests of justice, given the plaintiff's history of delay and non-compliance, and the dilatory conduct of the plaintiff's solicitors.

The court found that the proceeding had been characterised by delay and a history of non-compliance by the plaintiff. The plaintiff had failed to comply with the order to instruct an expert, and had not provided any evidence of agreement to withdraw the application. The court noted that the proceeding had been pending for over five years, and that the plaintiff's solicitors had conducted the proceeding in a dilatory manner. The court held that dismissing the proceeding for want of prosecution was in the interests of justice, given the history of delay and non-compliance by the plaintiff.

The court dismissed the proceeding against the second, third and fourth defendants for want of prosecution. The court held that the plaintiff's conduct had been unreasonable and had caused significant delay, and that there was no good reason for the delay. The court noted that the defendants had been prejudiced by the delay, and that the public interest in the expeditious disposal of proceedings supported dismissal. The court held that dismissing the proceeding was the appropriate course to ensure the fair and expeditious administration of justice.