Background: Plaza 500 Hotels Ltd. appealed an order dismissing its claim for non-compliance with court orders and want of prosecution. The appellant filed the notice of civil claim in 2017, renewed it in 2018, and served it in 2019. SRC Engineering Consultants Ltd. obtained case plan orders in 2021 and 2022, which Plaza 500 failed to comply with, leading to a dismissal order in 2023.

Legal Arguments/Issues: The appellant argued that the judge committed legal errors by dismissing the claim for non-compliance and want of prosecution. Specifically, Plaza 500 contended that the judge failed to apply the proper legal test, did not consider relevant factors for dismissal, and did not provide adequate reasons.

The respondent argued that Plaza 500’s continuous non-compliance with court orders, lack of a lawful excuse, and failure to advance the litigation justified the dismissal. The judge's decision was claimed to be discretionary and warranted deference on appeal.

Court's Analysis: The Court of Appeal reviewed whether the judge applied the correct legal principles and found no reversible error in the judge’s discretion to dismiss the claim. The judge had considered Plaza 500’s persistent failure to comply with court orders and its impact on the litigation process.

Decision: The appeal was dismissed. The Court upheld the judge's decision to dismiss Plaza 500’s claim for non-compliance and want of prosecution, stating that the interests of justice favored SRC Engineering Consultants Ltd. The document did not specify the total amount of costs or award in favor of the successful party.