Hamod Holdings P/L & Anor v. The Broken Hill Proprietary Company Ltd & Ors [1994] FCA 759

JUDGMENT NO. snd Staal ection

N 'AB: BR I IN

NG 191 of 1993

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BETWEEN: IN TY LIMITED

First Applicant

HNT ERVICES Pry Second Applicant

THE BROKEN HILL PR ETARY MPANY LIMITED

First Respondent

INTRACTORS PTY LIMITED

Second Respondent

INEERING PTY LIMITE

Third Respondent

CORAM: Burchett J. PLACE: Sydney DATE : 12 October 1994

RECEIVED 200CT 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

In this matter, the remaining respondent companies seek a dismissal of the action for want of prosecution pursuant to Order 30, rule 5. There has been a long history of failure to take reasonable steps to enable the prosecution of the action to proceed. Repeatedly, the Court was informed by representatives of the applicant companies that the director principally

responsible was overseas but would be returning very shortly, and

2. it was indicated that he was engaged in major commercial dealings on behalf of the companies. More than a month ago, the company

ceased to be represented by a solicitor at all.

Mr Hamod has attended Court today, to seek leave to oppose the application. He has filed an affidavit, and I have permitted him to address me and to rely on the affidavit. What he has suggested, as counsel for the respondent companies has pointed out, is quite contrary to what the representatives of the applicants had previously told the court on a number of occasions. The Court is now told that Mr Hamod has been seriously ill and incapacitated to conduct the affairs of the companies, at least in respect of these actions, for a period of well over a year. At the same time, Mr Hamod does agree that he has been able to engage in international negotiations and has been overseas, partly for that purpose, although he says it was also in accordance with medical or psychiatric advice to the effect that he required a change of scene. It appears, however, that there were other members of his family who were directors, and indeed Mr Hamod is no longer a director, being now company