Read the full judgment text of CACV 000136/1997 on BabelCite. This Court of Appeal judgment was delivered on 11 November 1997 before Nazareth VP, Wong JA, Le Pichon JA.
Civil procedure – appeal – dismissal for want of prosecution – appellant not wishing to proceed – duty of solicitors to vacate hearing dates – Court of Appeal – wasted costs – solicitor's duty to the court – O62 r8(2) Rules of the High Court. Civil procedure – appeal lodged on 5 July 1997 – hearing dates of 11-12 November 1997 fixed after Listing Clerk attendance on 25 July 1997 – from August 1997 appellant wished to withdraw appeal after receiving unfavourable senior counsel advice – protracted negotiations with respondents – no consent summons to vacate hearing dates ever filed – whether appeal should be dismissed where appellant no longer wishes to proceed: yes, the only order the court could make was to dismiss the appeal – whether wasted costs order should be made against appellant's solicitors under O62 r8(2) of the Rules of the High Court: yes, the solicitors were called upon to show cause why costs between them and their client should be disallowed – appellant's solicitors conducted themselves with serious default by failing to vacate the hearing dates and by causing court staff to be repeatedly fobbed off – duty of solicitors as officers of the court to take immediate steps to vacate hearing dates when it becomes reasonably clear a hearing will not take place, a fortiori where two whole days have been set aside – wasted days also prejudices other appellants awaiting hearing days – appeal dismissed and costs incurred after 27 August 1997 disallowed between appellant's solicitors and their client (solicitors not opposing the order).
Legal issues: Whether appeal should be dismissed where appellant no longer wishes to proceed · Whether wasted costs order should be made against appellant's solicitors
Outcome: Appeal dismissed. Wasted costs order made against appellant's solicitors.