Court of Appeal dismisses appeal and upholds order dismissing a claim concerning disputed property agreements, on the grounds that: a delay of over four years was inordinate and inexcusable in circumstances where the appellant took no action at all to prosecute his claims; and the balance of justice favoured dismissing the proceedings in circumstances where prejudice had been caused to the respondent by reason of the delay and that same constituted a significant risk of an unfair trial.
Appeal of order dismissing proceedings on the grounds of inordinate and inexcusable delay - disputed property transaction - claim relates to an unsuccessful property transaction - High Court found that the plaintiff was guilty of both inordinate and inexcusable delay - Plaintiff did nothing at all to progress his claim - delay of up to five years - no effort made by plaintiff to advance claim - balance of justice lay in favour of striking out the claim - serious allegations of professional negligence and fraud were made - entitled to have serious allegations determined reasonably expeditiously - solicitor retired and in poor health - ill health - diminution in ability to recall events over time - prejudice - risk of unfair trial - defendants not guilty of culpable delay - allegations of bias to ground appeal - issue to be determined is whether there is any basis upon which the court could and should set aside the finding that the delay was inordinate and inexcusable - appellant felt trial judge did not consider the merits of his case and the background facts - irrelevant - applications brought to dismiss proceedings are not focused on the merits of the case but on where the case stands procedurally - no bias found - High Court's decision to dismiss the Plaintiffs claim was the correct one - two further appeals dismissed - slip rule - sought to have factually incorrect statements corrected - High Court Judge corrected the order - applicant complained about amendment - grounds of appeal include, inter alia, that the High Court Judge did not have jurisdiction to change the perfected orders due to the original orders already being subject of an appeal - judgment void in light of new evidence - purpose of slip rule is to correct slips or errors on the face of an order - public interest - transcript makes clear that the terms of the order did not reflect what the trial judge actually ordered - High Court has jurisdiction to correct technical error despite matter being subject to appeal - amendments caused no prejudice - appeal dismissed - appellant initiated proceedings after having declined to enter an appearance in separate action - action struck out as a consequence of later proceedings being dismissed for want of prosecution - appeal on the grounds that the judge erred in striking out previous action - appeal dismissed - claims pleaded in combined action include a repeat of the claim pursued in lieu of entering an appearance - costs follow the event