Read the full judgment text of CACV 4062/2001 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 14 June 2002 before Hon Rogers VP, Le Pichon JA.
Civil procedure — Delay in service of statement of claim — Inordinate and inexcusable delay — Whether real risk of prejudice to defendant — Prejudice includes financial prejudice such as loss of insurance — Late start cases require greater speed post-writ — Assessment of prejudice focuses on period after writ issuance — Loss of insurance caused real prejudice by depriving defendant of insurer's involvement and ability to negotiate settlement — Delay impaired defendant's ability to investigate and assert defences including causation — Section 3 of Civil Liability (Contribution) Ordinance (Cap. 377) inapplicable where claim against defendant time-barred and no joinder possible — Appeal allowed, action dismissed for want of prosecution with costs order against plaintiff.
Legal issues: Delay and prejudice in service of statement of claim · Relevance of section 3 Civil Liability (Contribution) Ordinance
Outcome: Allowed appeal; dismissed action for want of prosecution
Cited by 1 case