High Court grants order setting aside third party notice served on the applicant as a third party to substantive proceedings claiming damages for breach of contract and negligence arising from financial advices provided to the plaintiff regarding certain property investments in 2003, as the defendants delayed unreasonably for five months following receipt of the plaintiff's statement of claim prior to making their application to join the applicant as a third party to the proceedings.
Application to set aside third party notice served on applicant as a notice party to proceedings - whether claim statute-barred - status of applicant's supposed partnership in relevant firm - whether applicant prejudiced by defendants' delay in bringing forth its own prior application to join third parties to the proceedings - applicant's firm denied indemnity on grounds of delay in notification of application to join - substantive proceedings seeking damages for breach of contract and negligence - advices regarding investment received from defendant financial and tax advisors resulted in losses - Order 16 rule 8(3) RSC - chronology of case progression - whether applicant not liable as he was not a partner in firm at relevant time - whether plaintiff's claim statute-barred - inherent jurisdiction of the court - entering an unconditional appearance - rules of superior courts - issue of delay - principles to be applied - alleged losses span a greater period than applicant asserts which covers his period of partnership - statute issue not clear at this time - absence or presence of special prejudice affecting proposed third party not something to be considered by court at this time - defendants' delay following delivery of statement of claim - whole circumstances of case progression - third party notice set aside.