6 Feb 1996
THE OWNERS OF THE SHIP "KAFUR MAMEDOV" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "GOLDPATH"
- Citation
- THE OWNERS OF THE SHIP "KAFUR MAMEDOV" v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP "GOLDPATH"
- Court
- Court of First Instance
- Case number
- HCAJ303/1995
The court refused to extend time because the defendants had made a conscious, deliberate decision not to issue proceedings within the statutory two‑year period; deliberate inaction (the "sleeping dog" approach) does not constitute good reason under the two‑stage test of section 8, and absent good reason the court will not exercise its discretion to deprive plaintiffs of the statutory limitation defence; the defendants' motions were dismissed with costs nisi.