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High Court dismissed one of three claims against a deceased's estate due to inordinate and inexcusable delay, specifically a claim for unpaid purchase money for a property dating back to 1982. The court found that the delay had caused tangible prejudice to the estate's ability to defend the claim. However, the court allowed claims for unpaid rent and personal services to proceed to trial, determining that any prejudice to the estate could be addressed by the trial judge. The plaintiff's application for summary judgment on these two claims was refused, as the court found there were arguable defenses that warranted a full hearing.
estate dispute, delay, summary judgment, unpaid purchase money, unpaid rent, personal services, inordinate delay, inexcusable delay, balance of justice, fair trial, Land and Conveyancing Law Reform Act, 2009, quantum meruit, legal relations, Statute of Limitations, Clayton's case, affidavit, hearsay, Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, prejudice, trial judge, Legal Services Regulation Act.
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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