Fairey v Fairey (No 2)

The appeal before the Supreme Court of New South Wales, presided over by Mason P, concerned an appeal that was ultimately dismissed for want of prosecution. The dispute arose from the appellant's failure to comply with earlier court directions, which had resulted in the abortion of a scheduled hearing date.

The central legal issue before the Court was whether the appeal should be dismissed due to the appellant's lack of due diligence in prosecuting the appeal. This involved considering the appellant's conduct in relation to the court's directions and the impact of their non-compliance on the respondent.

Mason P reasoned that the appellant's failure to comply with court directions, leading to the abortive hearing, demonstrated a lack of due diligence in prosecuting the appeal. The Court found that while there might not be a present default, the cumulative effect of the appellant's actions had placed undue hardship upon the respondent. Consequently, the Court ordered that the appeal be dismissed for want of prosecution.