Motion to dismiss for delay refused where both parties ignored case management order; security for costs ordered.
The defendants moved under Rule 167 of the Federal Courts Rules to dismiss the plaintiffs' copyright infringement action for delay, or alternatively for security for costs.
The action was specially managed, but no steps had been taken by either side to comply with a case management order for over 15 months.
The Associate Judge found the delay was undue and inexcusable, but refused to dismiss the action because both parties had failed to comply with the prior order's mutual obligations.
As an alternative sanction, the plaintiffs were ordered to post security for costs totaling $10,000 in two installments.
