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High Court refuses public house owner's application to dismiss a construction company's proceedings against him on the grounds of inordinate and inexcusable delay in failing to progress its claim over a two-year period, finding that the delay was excusable in circumstances where the plaintiff's quantity surveyor had withdrawn its services prior to the completion of a crucial architect's report, and that the defendant had suffered no real prejudice or injustice as a result.
Application to dismiss proceedings for undue delay - plaintiff carried out building works at defendant's public house in 2006 - summary summons issued in early 2008 - notice of trial mid-2014 - whether plaintiff guilty of inordinate and inexcusable delay in period between delivery of reply and defence to counterclaim to service of notice of intention to proceed - plaintiff received legal advice to engage advice of suitably experienced architect - separate quantity surveyor retained to finalise report - principles to be considered - inherent jurisdiction - balance of justice - inordinate delay, but reasonable excuse tendered by plaintiff - withdrawal of initial quantity surveyor of its own volition prior to completion of architect's report not sufficient to deprive plaintiff of its right to proceed with action - no real prejudice suffered by defendant - application dismissed - liberty to re-enter application within six weeks if case not set down for hearing.
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