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The High Court has dismissed an application to strike out proceedings by a receivership for inordinate and inexcusable delay, where interlocutory relief had been granted in 2014, on the grounds that the defendants had not suffered significant prejudice that would justify dismissal. The court emphasized that the plaintiffs, as professional and well-resourced litigants, should have acted with greater diligence, especially following a Supreme Court judgment that criticized their lack of progress. The court warned that any further delays attributable to the plaintiffs could result in the proceedings being dismissed or the interlocutory order being discharged.
Receivership, inordinate delay, inexcusable delay, interlocutory relief, strike out application, prejudice, balance of justice, Supreme Court judgment, professional litigants, residential properties, mortgage, loan facilities, default, carriage of litigation, interlocutory injunction, Supreme Court "Observation", enforcement measures, related litigation, prima facie evidence, interlocutory orders, Rules of the Superior Courts (RSC), O.122, r.11.
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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