Read the full judgment text of HCCT69/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 November 2001 before Hon Burrell J.
Procedure – Construction and arbitration proceeding – Delay in serving Statement of Claim – Writ issued near expiry of limitation period – Whether delay post-issuance inordinate and excusable – Whether delay caused real risk of prejudice to defendant – Application for extension of time granted and strike out dismissed by Master – Defendant appeals – Court applies principles from Costellow v. Somerset County Council confirming only delay after writ issue relevant and dismissal for want of prosecution requires real risk of prejudice – Delay of two years post-issue inordinate and inexcusable given possession of evidence and solicitors’ knowledge – Loss of insurance during delay does not amount to sufficient prejudice as major costs would not have been covered anyway and speculation on settlement unsupported – Prejudice from lateness and fading memories not sufficient to justify striking out – Appeal dismissed and costs of appeal ordered against plaintiff. The defendant’s subsequent appeal to Court of Appeal allowed (CACV004062/2001).
Legal issues: Delay and prejudice in proceeding
Outcome: Defendant's appeal dismissed; Master’s order upheld