Finch and Shibo (No 3)

In *Finch and Shibo (No 3)*, Forrest J of the Federal Court of Australia considered applications brought by the applicant concerning alleged breaches of the *Australian Consumer Law*. The proceedings had been initiated by the applicant in September and October 2015.

The central legal issue before the Court was whether the applicant's applications should be dismissed for want of prosecution. This required the Court to assess whether there had been an undue delay in the prosecution of the proceedings and, if so, whether that delay had caused prejudice to the respondent or otherwise warranted dismissal.

Forrest J applied the principles governing dismissal for want of prosecution, which involve a consideration of the length of the delay, the reasons for the delay, and the prejudice suffered by the respondent. His Honour found that the delay in prosecuting the applications was significant and that the applicant had failed to provide adequate reasons for this delay. Consequently, the Court determined that the applications should be dismissed.

The applicant's Application in a Case filed 4 September 2015 and Application in a Case filed 9 October 2015 were dismissed for want of prosecution.