‘To delay Justice is Injustice’ William Penn

The aspiration of the courts is to uphold justice; no principle of case management should be allowed to hinder the course of justice , this culture was the prevailing attitude held in the common law, as a result it created tension between justice and case management persisted until the revolutionary decision in Aon ‘Speed and efficiency, in the sense of minimum delay and expense, are seen as essential to a just resolution of proceedings’ , which is seen as respite in the eyes of many litigants. This essay will attempt to explain, asses, value the decision of AON and what might add in judicial procedure in NSW.
Justice on the merits was the prevailing attitude in the 1980’s delay and cost were the twin evil that haunted adversarial system throughout the common law world. Continues amendment and delay from one party in pursuit of justice, nothing but detriment to the other party, nevertheless a precise balance is difficult to maintain.
Many attempts by the courts to remedy and to strike the balance between case management and justice, for example; Gleeson CJ expressed in State Pollution v Australian Iron: “The days have gone when courts will automatically grant an adjournment of a case simply because both parties consent to that course, or when a decision to grant or