Wakim v Kolotouros

The appeal concerned motions brought by the respondents, Kolotouros and others, seeking dismissal of the proceedings brought by the appellant, Wakim, for want of due despatch and for non-compliance with court directions. The matter came before Macfarlan JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the respondents' motions for dismissal should be granted. This involved considering whether the appellant had failed to prosecute the proceedings with due diligence and whether there had been a breach of court directions that warranted the drastic step of dismissal.

Macfarlan JA determined that the respondents' amended notices of motion should be adjourned for a later hearing. This indicates that the Court did not grant the immediate dismissal sought by the respondents, but rather postponed the determination of those motions. The outcome was an adjournment of the hearing of the respondents' motions to 12 March 2018.