(a) whether to make any order or direction for the
management of proceedings, including--
(i) any order for the amendment of a
document, and
(ii) any order granting an adjournment or stay of proceedings,
and
(iii) any other order of a procedural nature, and
(iv) any direction
under Division 2, and
(b) the terms in which any such order or direction is
to be made,
the court must seek to act in accordance with the dictates of
justice.
(2) For the purpose of determining what are the dictates of justice
in a particular case, the court--
(a) must have regard to the provisions of
sections 56 and 57, and
(b) may have regard to the following matters to the
extent to which it considers them relevant--
(i) the degree of difficulty or
complexity to which the issues in the proceedings give rise,
(ii) the degree
of expedition with which the respective parties have approached the
proceedings, including the degree to which they have been timely in their
interlocutory activities,
(iii) the degree to which any lack of expedition in
approaching the proceedings has arisen from circumstances beyond the control
of the respective parties,
(iv) the degree to which the respective parties
have fulfilled their duties under section 56 (3),
(v) the use that any party
has made, or could have made, of any opportunity that has been available to
the party in the course of the proceedings, whether under rules of court, the
practice of the court or any direction of a procedural nature given in the
proceedings,
(vi) the degree of injustice that would be suffered by the
respective parties as a consequence of any order or direction,
(vii) such
other matters as the court considers relevant in the circumstances of the
case.
