Jakovljevic v L & B Doslov

Case [2000] WASCA 131


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE FULL COURT (WA)

CITATION:   JAKOVLJEVIC -v- L & B DOSLOV [2000] WASCA 131

CORAM:   KENNEDY J

ANDERSON J
STEYTLER J

HEARD:   4 FEBRUARY 2000

DELIVERED          :   11 MAY 2000

FILE NO/S:   FUL 109 of 1999

BETWEEN:   BOZO JAKOVLJEVIC

Appellant (Plaintiff)

AND

L & B DOSLOV
Respondent (Defendant)

NATIONAL EMPLOYERS' MUTUAL GENERAL INSURANCE ASSOCIATION LTD (IN LIQ)
Third Party

Catchwords:

Practice and procedure - Dismissal of action for want of prosecution - Principles to be applied - Inordinate delay without adequate explanation - Prejudice to the defendant - Dismissal of action for want of prosecution not interfered with on appeal

Legislation:

Nil

Result:

Appeal dismissed

Representation:

Counsel:

Appellant (Plaintiff)        :     Mr R E Birmingham QC

Respondent (Defendant) :     Mr A A Jenshel

Third Party  :     No appearance

Solicitors:

Appellant (Plaintiff)        :     Anthony Torre & Monaco

Respondent (Defendant) :     McDonald & Sutherland

Third Party  :     No appearance

Case(s) referred to in judgment(s):

Birkett v James [1978] AC 297

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541

Dzienciol v Logie Brae Pty Ltd, unreported; FCt SCt of WA; Library No 980078; 25 February 1998

Hughes v Gales (1995) 14 WAR 434

Lewandowski v Lovell (1994) 11 WAR 124

Roebuck v Mungovin [1994] 2 AC 224

Stollznow v Calvert [1980] 2 NSWLR 749

Ulowski v Miller [1968] SASR 277

Case(s) also cited:

Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229

Australian Coal & Shale Employees' Federation v Commonwealth (1953) 94 CLR 621

Bourke v Kecskes [1967] VR 894

Commonwealth of Australia v Dale, unreported; SCt of WA (A/Master Johnston); Library No 960508; 12 September 1996

Concrete Constructions Group Pty Ltd v McNamara (1990) 70 LGRA 241

Duncan v Lowenthal [1969] VR 180

Gronow v Gronow (1979) 144 CLR 513

House v The King (1936) 55 CLR 499

Instrumatic Ltd v Supabrase Ltd [1969] 1 WLR 519

Levi v Stirling Brass Founders Pty Ltd (1997) 36 ATR 290

Louth v Diprose (1992) 175 CLR 621

Lovell v Lovell (1950) 81 CLR 513

Mace v Murray (1955) 92 CLR 370

McKenna v McKenna [1984] VR 665

Norbis v Norbis (1986) 161 CLR 513

Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1980) 44 FLR 88

R v Lawrence [1982] AC 510

Slade & Kempton (Jewellery) Ltd v N Kayman Ltd [1969] 1 WLR 1285

Strange v Square Gold Minerals Ltd, unreported; SCt of WA (Master Staples); Library No 7354; 7 November 1988

Vidler v Merit Engineering Pty Ltd (1987) 86 FLR 213

Wan v Sweetman, unreported; SCt of WA (A/Master Chapman); Library No 950517; 29 August 1995

Zimmer Orthopaedic Ltd v Zimmer Manufacturing Co [1968] 2 All ER 309

  1. KENNEDY J:  For the reasons to be given by Steytler J, I would dismiss this appeal.

  2. ANDERSON J:  I have had the advantage of reading in draft the reasons for judgment of Steytler J and I agree with them.  There is nothing I…

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AGLC
Jakovljevic v L & B Doslov [2000] WASCA 131
Case
[2000] WASCA 131
Decision Date

CaseChat Overview and Summary

In the case of Jakovljevic v L & B Doslov, the plaintiff, Mr. Jakovljevic, initiated legal proceedings against the defendants, L & B Doslov, in the Federal Circuit Court. The nature of the dispute involved allegations of unlawful conduct, presumably related to a contractual or tortious claim, as is common in civil litigation. The case was subsequently transferred to the High Court of Australia, where the defendants sought to have the plaintiff's action dismissed for want of prosecution. The defendants argued that the plaintiff had not pursued the case diligently, resulting in an inordinate delay and prejudice to their ability to adequately defend the claims.

The primary legal issue before the court was whether the plaintiff's failure to prosecute the action within a reasonable time justified the dismissal of the case. The court was required to consider the principles governing the dismissal of actions for want of prosecution, including whether there had been an inordinate delay, the adequacy of any explanation provided by the plaintiff, and whether the defendants had suffered prejudice as a result of the delay. The court also needed to assess whether the dismissal of the action was an appropriate exercise of its discretion in the circumstances.

The court found that the plaintiff had indeed been inordinately slow in prosecuting the action, with significant delays that were not adequately explained. The plaintiff's lack of diligence in pursuing the case led to prejudice for the defendants, who were unable to effectively prepare their defence due to the lengthy period of inactivity. Given these factors, the court upheld the decision of the lower court to dismiss the plaintiff's action for want of prosecution. The court emphasised that the dismissal was a matter within its discretion and that it would not interfere with the lower court's decision on appeal. The court's reasoning underscores the importance of maintaining a diligent and timely prosecution of legal claims, particularly in cases where significant delays may prejudice the opposing party.

The final orders of the court were to dismiss the plaintiff's action for want of prosecution, with no orders as to costs. This decision serves as a reminder to litigants of the need to prosecute their claims with due diligence and to avoid unnecessary delays that may prejudice the other party.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

ANDERSON J (dissent)

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Ratio Decidendi

Legal Principle Established

Established by:

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