Brixton Nominees Pty Ltd v Hardiman

The plaintiffs, Brixton Nominees and Mr and Mrs Hickey, brought an action against the first defendants, Mr and Mrs Hardiman, and the second defendants, Ernst & Whinney, a firm of accountants. The plaintiffs alleged that the second defendants offered negligent advice to the plaintiffs which resulted in the purchase of the Daroji Poster Gallery business. The plaintiffs sought damages for losses suffered as a result of the alleged negligence. The second defendants applied to have the action dismissed for want of prosecution. The second defendants submitted that the plaintiffs had been inordinately and inexcusably delayed in prosecuting the action, and that the delay had prejudiced the second defendants. The plaintiffs opposed the application. The court found that while there had been inordinate delay on the part of the plaintiffs, the case was ready for trial, and the plaintiffs had not acted contumeliously. The court held that it was not just to dismiss the action for want of prosecution. The court ordered that the case be programmed for a speedy trial.