PENTRIDGE VILLAGE PTY LTD (in liq) (recs & mgrs apptd) and Another v CAPITAL FINANCE AUSTRALIA LTD and Another

79 VR 572·Kennedy, Orr and Richards JJA
79 VR 572
PENTRIDGE VILLAGE PTY LTD (in liq) (recs & mgrs apptd) and Another v CAPITAL FINANCE AUSTRALIA LTD and Another Court of AppealKennedy, Orr and Richards JJA 11 August, 27 November 2025[2025] VSCA 290Practice and procedureDismissal of proceeding for want of prosecutionWhether primary judge applied correct testWhether Court obliged to have regard to the efficient conduct of its business, efficient use of its resources, minimisation of delay, and the timely determination of proceedingsWhether inordinate and inexcusable delayWhether justice of occasion demands dismissalCivil Procedure Act 2010 (Vic), ss 7, 8, 9, 25Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 5.12, ord 24.

In 2005, PV and a construction company (W) entered into an agreement with CFAL for site development funding. On 30 June 2016, PV and W commenced a proceeding against CFAL alleging misleading and deceptive conduct, deceit, and statutory unconscionable conduct in relation to alleged representations made between 2006 and 2010. They (i) commenced the proceeding by generally endorsed writ one day before the relevant limitation period expired; (ii) served the writ on the last possible day for service before it would have lapsed; (iii) took from June 2017 to November 2019 to settle their pleadings; (iv) delayed making discovery from February to September 2021; and (v) delayed serving their lay evidence for a period from April 2022 to June 2023.

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