Andrew O’Brien appeared for the Respondent, instructed by Mills Oakley.
In September 2022, the primary judge dismissed the appellant’s application for leave to proceed with a claim for damages for personal injury following a 19-year delay. On appeal, the appellant sought to have the decision set aside, obtain leave to proceed against the respondent and have orders made to facilitate the proceedings.
Their honours held that the primary judge had effectively dealt with the appellant’s submissions and evidence in determining that the proceedings were characterised by delay, that no satisfactory explanation had been provided and that the respondent has suffered prejudice as a result. The appeal was dismissed with costs.
The judgment can be read by clicking here
