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Court of Appeal allows appeal of decision to dismiss plaintiff’s claim - concerning the supply of painting and labouring services to the defendant at the Corrib Gas project site - due to delay, finding that while there was inordinate and inexcusable delay, the balance of justice favoured allowing the claim proceed and to do so would not cause significant prejudice to the defendant.
Contract law – practice and procedure – plaintiff’s claim dismissed on the grounds of inordinate and inexcusable delay – supply of painting and labouring services to the defendant at the Corrib Gas project site – lethargic and inexcusable approach to the prosecution of the proceedings – balance of justice favours allowing the claim proceed – no significant prejudice to the defendant – appeal allowed.
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