High Court allows defendant's application and dismissed proceedings, on the grounds that: the plaintiff bank had inexcusably delayed for six years in advancing the case and offered no excuse for the delay; and the balance of justice favoured the dismissal of the proceedings.
Second named defendant moving party and seeks to have proceedings dismissed for inordinate delay and want of prosecution – no steps taken since November 2013 when discovery was ordered against defendant – plaintiff bank failed to make any attempts to follow up or take any step – no delay inexcusable and no reason offered as to excuse – only balance of justice to be considered – defendant has suffered significant health issues caused by delay in proceedings – constrained his business by impacting his credit rating – defendant’s failure to engage since discovery order seen in context of bank never reverting to his correspondence of September 2013 setting out how he believed he had discharged his debt – bank still in statutory time limit to implement fresh proceedings but this does not serve to prevent dismissal – application granted and proceedings dismissed.