MacKINNON by his tutor Nantia MacKINNON v BLUESCOPE STEEL (AIS) PTY LIMITED & ORS

The appellant, MacKINNON (by his tutor Nantia MacKINNON), brought proceedings against the respondents, BLUESCOPE STEEL (AIS) PTY LIMITED and others. The respondents sought to have the proceedings dismissed for want of prosecution. The matter came before Allsop P.

The primary legal issue before the Court was whether the appellant had prosecuted the proceedings with due diligence, and if not, whether the respondents had established sufficient prejudice to warrant a dismissal of the action.

Allsop P dismissed the motion, finding that the appellant had not been guilty of inexcusable delay and that the respondents had not demonstrated the requisite level of prejudice. The Court applied the principles governing dismissal for want of prosecution, considering the balance of prejudice to both parties and the overall conduct of the litigation.

The motion was dismissed, and the first respondent was ordered to pay the appellant's costs of the motion.