Wang v Buller

The matter before the court was an application by the defendant to dismiss the plaintiff's claim for want of prosecution. The plaintiff, who had sustained significant injuries in an incident, resided in China. The defendant sought dismissal due to the plaintiff's failure to prosecute the claim within the prescribed time. Additionally, the defendant sought an alternative order to separate the determination of liability from the determination of quantum, arguing that the plaintiff's travel from China would impose an unreasonable burden and potentially lead to a significant delay in the determination of damages.

The court considered the plaintiff's circumstances, including the substantial injuries sustained and the necessity for the plaintiff to travel from China to Australia. The court also examined the potential for long delays in determining the case if liability and quantum were not heard separately. The court found that the plaintiff had provided a reasonable explanation for the delay in prosecution and that it was in the interests of justice to separate the determination of liability from the determination of quantum. The court held that the plaintiff's travel to Australia for the hearing on liability should proceed promptly, and that a separate hearing on quantum would be appropriate to avoid potential long delays.

The court declined the defendant's application to dismiss the claim for want of prosecution and granted the alternative order to separate the determination of liability and quantum. The court emphasised that the decision was specific to the plaintiff's circumstances and did not establish a point of general principle. The plaintiff was ordered to proceed with the hearing on liability, and arrangements were made for a subsequent hearing on quantum.