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High Court refuses to dismiss a wrongful death claim against a bar owner and security personnel, rejecting the argument that the claim was statute-barred and marred by inordinate and inexcusable delay. The plaintiff, seeking damages for the death of her brother, successfully argued that her date of knowledge regarding the cause of death was only established after a second inquest and the receipt of new evidence in 2018. The court found that the defendants had not proven that the delay in bringing the case caused a balance of justice that favored dismissal.
Wrongful death - negligence - breach of duty - statute-barred - inordinate delay - date of knowledge - personal injuries summons - PIAB (Personal Injuries Assessment Board) authorisation - inquest, acute coronary syndrome - misadventure - Statute of Limitations (Amendment) Act 1991 - Coroner's Act 1962 - CCTV footage - expert engineer report - balance of justice - Legal Services Regulation Act 2015.
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