Read the full judgment text of HCA 000398/1971 on BabelCite. This High Court CFI judgment was delivered on 13 April 1976.
1. This is an appeal against a refusal to strike out the plaintiff's claim for want of prosecution. No argument whatsoever has been addressed to me on the merits of the claim, that is as to the probability or otherwise of its success. Argument has been confined to the principle laid down in Allen v. Sir Alfred McAlpine & Sons Ltd. and another (1) , namely, that a claim will be struck out where the defendant shows that there has been inordinate and inexcusable delay by which the defendant is like