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No causal connection between delay and prejudice to defendant in 2009 claim
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High Court refuses to strike out on the grounds of delay a 2009 claim for return of security of €68,000 lodged in compliance with a planning condition, where the plaintiff claimed that the condition had been complied with, on the grounds that: (a) the planning authority could not point to a causal connection between the delay and any prejudice to it in allowing the case to proceed; and (b) the planning authority had not established any real or intangible injustice to them if the claim were allowed to proceed.
Claim for return of security given as part of planning condition - €63,486 - summary proceedings - application to strike out claim - whether planning condition complied with - adjournment of claim to plenary hearing - failure to furnish statement of claim - delay - want of prosecution - claim issued in 2009 - whether delay inordinate or inexcusable - balance of justice - whether any real or intangible injustice to the defendant if claim allowed to proceed.
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