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High Court, in a breach of contract action concerning the sale of lands in 2005, refuses application by defendant to dismiss the plaintiff's claim on grounds of delay, on the grounds that: (1) the defendant only delivered its defence having been motioned by the plaintiff for judgment in default of delivering the said defence three times; (2) notwithstanding the inordinacy of the actual delay of some 4 years and 4 months, same was excusable in circumstances where the plaintiff sought out expert evidence and endeavoured to comply with the advices of counsel in the preparation of his case; and (3) the balance of justice at this stage lies with allowing the plaintiff to litigate a complex claim.
Application to dismiss plaintiff's claim for want of prosecution and/or on grounds of inordinate and inexcusable delay - contract for sale of land, concluded in August 2005 between parties - balance of justice - defendants no longer have business interests in the State - test to be applied - plaintiff concedes delay has been inordinate - defence delivered in 2012 following three motions for judgment in default of defence brought by plaintiff - whether beginning date should only accrue from this time - delay to begin from this date - notice of intention to proceed not filed by plaintiff for a further 7 months - whether total delay of 4 years and 4 months is inexcusable - claim of professional negligence lodged by plaintiff against his former solicitors in the action - time to obtain expert evidence and comply with advices of counsel - complex proceedings - delay excusable given complexity - access to justice - constitutional right to litigate claim - premature to dismiss proceedings at this stage - application dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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