Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd (No 2)

The case of Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd (No 2) involved a dispute between the applicant, Jianshe Southern, and the respondent, Turnbull Cooktown. The applicant had failed to comply with certain court orders, resulting in the need for the court to address the consequences of this non-compliance. The case was heard in the Supreme Court of Queensland. The primary issue before the court was whether the applicant's failure to comply with court orders warranted a dismissal of its proceedings and if any costs should be awarded to the respondent due to the applicant's non-compliance.

The court considered the general rule provided by Order 62, Rule 3(3) of the Supreme Court (General Civil Procedure) Rules 1998, which provides that unless there are exceptional circumstances, a party's failure to comply with a court order should result in the dismissal of the proceeding. The court noted that while the applicant's non-compliance had caused some delay, it did not amount to a deliberate attempt to delay the proceedings. Furthermore, the trial was scheduled to commence shortly, which meant the delay caused by the applicant's non-compliance was relatively minor. The court concluded that there were no exceptional circumstances to justify departing from the general rule.

In its decision, the court declined to dismiss the applicant's proceeding as to the whole of the relief claimed. However, the court did order that the applicant pay the respondent's costs on a party and party basis for the notice of motion dated 3 May 2007 and the hearings on 9 May 2007 and 22 May 2007. The court also ordered that the applicant pay any costs incurred by the respondent due to the trial adjournment and any wasted costs caused by the late delivery of the applicant's outlines of evidence. The court did not order that these costs be paid on or before a certain date. The court's decision and orders aimed to address the consequences of the applicant's non-compliance while also acknowledging the relatively minor impact of the delay caused by the non-compliance.