Australia Abalone World Pty Ltd v Yin

Australia Abalone World Pty Ltd brought an action against Yin, seeking damages for breach of contract and other related claims. The case was filed in 2011, but the plaintiff did not take any steps in the proceeding for over two years. The defendants moved to dismiss the proceeding for want of prosecution, while the plaintiff sought leave to proceed with the action. The court was required to determine whether the plaintiff should be granted leave to proceed with the action, and if so, what conditions should be imposed.

The court held that the plaintiff was not entitled to proceed without providing security for the defendants' costs, as the proceeding had been inactive for a significant period. The court noted that the plaintiff had failed to take any steps in the proceeding for over two years, despite the defendants' requests for progress. The court found that the plaintiff's conduct amounted to a want of prosecution, which justified dismissal of the proceeding. However, the court was willing to grant leave to proceed on the condition that the plaintiff provided security for the defendants' costs. The court considered that this condition was necessary to ensure that the proceeding would be prosecuted with due diligence and that the defendants would not be prejudiced by the plaintiff's delay.

The court ordered that the proceeding be listed as a reserve trial for a five-day trial commencing on 16 November 2020. The plaintiff was granted leave to take further steps in the proceeding, provided that it provided security for the defendants' costs in the sum of $40,000 by 4.00pm on 21 August 2020. If the plaintiff failed to provide the security, the proceeding would be dismissed for want of prosecution. If the plaintiff provided the security, the court imposed several directions and orders to ensure that the proceeding would be prosecuted with due diligence. The plaintiff was also ordered to pay the defendants' costs of and incidental to the applications filed on 9 July 2020 and 28 July 2020, on the indemnity basis.