SHELLARD & ORS V ORLANSKI [2001] VSCA 147
Supreme Court of Vic – Court of Appeal – 7 September 2001
FACTS
Orlanski was an accountant who was sued by Shellard & Ors (Shellard) for work that he had failed to do while acting for them.
At the initial trial the judge found that the case could not proceed due to unreasonable delays caused by the plaintiff. Asignificant proportion of the delay was in relation to the discovery of documents which had originally been in the control of Orlanski and were returned to Shellard so that another accountant could use the documents to complete the work which he had failed to do. Shellard appealed the finding of the first judge.
ISSUES
Whether the first judge fell into error in striking out the case for want of prosecution.
Whether the delay caused by Shellard was inordinate and inexcusable.
FINDING
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