Efektiv Pty Ltd v Madgwicks

Efektiv Pty Ltd sought leave to appeal against decisions of the primary judge declining to recuse himself from further hearing winding up proceedings or to hear an application seeking that he do so. The application for leave to appeal was made by the liquidator of Efektiv on behalf of the applicant. The respondent, Madgwicks, did not participate in the proceedings. The court was required to determine whether the application for leave to appeal had been abandoned or dismissed for want of prosecution. The court examined the relevant rules and statutes to determine if the application met the criteria for dismissal.

The court found that no substantive steps had been taken in relation to the application for leave to appeal since 24 January 2020. The former director of Efektiv had objected to the proceeding being dismissed for want of prosecution, but no application had been made for approval of the Court for the former director to pursue the application for leave to appeal. The court concluded that the application for leave to appeal was abandoned or dismissed for want of prosecution under Supreme Court (General Civil Procedure) Rules 2015, rule 64.46(1)(d) and Corporations Act 2001 (Cth) section 198G.

The application for leave to appeal was dismissed for want of prosecution. The court found that no substantive steps had been taken in relation to the application for leave to appeal since 24 January 2020. The court also found that no application had been made for approval of the Court for the former director to pursue the application for leave to appeal. The court held that the application for leave to appeal was abandoned or dismissed for want of prosecution under the relevant rules and statutes.

No further orders were made by the court. The application for leave to appeal was dismissed for want of prosecution, and no substantive steps had been taken in relation to the application since 24 January 2020. The court found that the application for leave to appeal was abandoned or dismissed for want of prosecution under the relevant rules and statutes.