17 Mar 2000
NATHANIEL HYMER v. THE MASS TRANSIT RAILWAY CORPORATION AND OTHERS
- Citation
- NATHANIEL HYMER v. THE MASS TRANSIT RAILWAY CORPORATION AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV304/1999
Although the Court of Appeal accepted there were periods of inordinate and inexcusable delay, the judge erred in failing to consider the impact of continuing proceedings and the inconsistency of striking out the doctors while allowing corporate defendants to remain given the substantial overlap of issues and the high likelihood of third party proceedings re‑bringing the doctors into litigation. On that basis the dismissal of the 4th and 5th defendants was set aside and the discretion exercised afresh in favour of reinstating the claims against them.