Read the full judgment text of HCCT 46/2005 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 14 October 2005 before Hon Reyes J.
Procedure — Strike out for want of prosecution — Exceptionally long delay in prosecuting construction claim — Delay exceeding 18 years attributed to Plaintiff's former solicitors — Defendant elderly and key witnesses lost or unavailable — Substantial prejudice caused by faded memories and unavailability of oral evidence — Documentary reports insufficient to uphold fair trial — Court holds that fair trial impossible — Strike out granted in respect of claim and counterclaim — Defendant’s delay in filing strike out summons not sufficient to bar application — Costs and consequential orders reserved.
Legal issues: Strike out for want of prosecution
Outcome: Claim and counterclaim struck out for want of prosecution
Cited by 1 case