Court of Appeal dismisses appeal from High Court, and affirms order dismissing proceedings concerning a defective cement-mixer for delay, where the cause of action accrued in 2005-06, proceedings were issued in 2009, and there had been a 26-month delay in replying to a notice for particulars.
Noonan J (nem diss): Dismissal of claim on grounds of delay - purchase of cement mixer in 2005 - numerous problems - assessed in 2008 - summons in September 2009 - statement of claim in November 2009 - defence in February 2010 - defendant dissolved in 2012 - claim for €420K arising from lost contracts - other items claimed - application to dismiss issued in November 2016 - heard in November 2017 - prejudice in defence - reasons for delays - delay of 26 months in delivering particulars.