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High Court, upon application by a third named defendant, grants an order to dismiss summary proceedings initiated by a bank in March 2009 for want of prosecution, on the grounds that the bank had not given an explanation for the delay in pursuing the case after pleadings were closed in March 2011.
Application by the third named defendant for an order striking out the proceedings for want of prosecution and/or delay - summary proceedings were issued in March 2009 seeking €50,000 due by the defendants and each of them on foot of joint letters of guarantee from February 2008 - a notice of motion in November 2009 indicated an application would be made to the Master of the High Court to enter final judgement in the sum of €50,000 - replying affidavit was entered by the third named defendant in April 2010 - in June 2014 a notice of change of solicitors was filed by the plaintiff and in July 2014 the motion of intention to proceed was filed by the plaintiff - in June 2016 further notice of intention to proceed was filed by the plaintiff - plaintiff accepts that the delay is inordinate and has not given any explanation for the delay in pursuing the case after the pleading were closed with the delivery of a reply to defence on the 14th March 2011 - proceedings struck out for want of prosecution.
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