MQ v SC

The Supreme Court of the Australian Capital Territory, constituted by a single judge, heard an appeal concerning the dismissal of an appeal for want of prosecution. The appellant, MQ, sought to appeal a decision of the ACT Supreme Court which had itself dismissed an earlier appeal from a Magistrate's decision. The respondent was SC.

The central legal issue before the Court was whether the appeal should be dismissed for want of prosecution, pursuant to rule 5603 of the Court Procedures Rules 2006 (ACT). This rule allows for the dismissal of an appeal if the appellant has not taken required steps within a specified period or has otherwise not prosecuted the appeal with appropriate effort. The Court was required to consider the principles governing the exercise of discretion in such matters, including the length of delay, the explanation for the delay, and any prejudice to the parties.

The Court applied the principles established in cases such as *Davis Samuel Pty Ltd v Commonwealth of Australia* and *Weston v Publishing and Broadcasting Ltd*, which emphasise that the power to dismiss for want of prosecution is a discretionary one to be exercised judicially. The Court noted that the appellant had failed to progress the appeal proceedings with appropriate effort following orders made on 6 June 2018, which required the appellant to comply with certain procedural steps and warned that failure to do so would lead to referral for want of prosecution. Despite being granted an adjournment to secure legal representation, the appellant continued to engage in correspondence that did not advance the appeal, including requests for the termination of judicial officers and dismissal of all prior orders. The Court found no satisfactory reasons for the prolonged delay and the lack of progress.

Consequently, the appeal was dismissed for want of prosecution.