William Connolly and Sons Ltd t/a Connolly's Red Mills -v- Torc Grain and Feed Ltd [2015] IECA 280 (30 November 2015)

William Connolly and Sons Ltd t/a Connolly's Red Mills -v- Torc Grain and Feed Ltd [2015] IECA 280 (30 November 2015)

Although the plaintiff was guilty of inordinate and inexcusable delay, the balance of justice did not favour dismissal because the defendant acquiesced in the delay by engaging in the proceedings without timely objection, and any prejudice claimed was not causally linked to the delay.

Citation
[2015] IECA 280
Parties
Plaintiff/respondent: William Connolly and Sons Ltd Trading as Connolly’s Red Mills; Defendant/appellant: Torc Grain and Feed Limited
Jurisdiction
Ireland
Judgment Date
30 November 2015
Procedural Posture
Civil Appeal / Appeal From High Court Refusal to Dismiss for Delay
Outcome
Appeal dismissed
Legal Topics
Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Balance of Justice, Acquiescence, Prejudice, Limitation Period
Civil Procedure Commercial Law Inordinate and Inexcusable Delay Dismissal for Want of Prosecution Balance of Justice Acquiescence Prejudice Limitation Period

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Parties

William Connolly and Sons Ltd Trading as Connolly’s Red Mills

Plaintiff/respondent

Torc Grain and Feed Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Refusal to Dismiss for Delay

Legal Issues

  1. 1 Whether the plaintiff was guilty of inordinate and inexcusable delay in prosecuting its claim
  2. 2 Whether the balance of justice favours dismissal of the proceedings for delay

Ratio Decidendi

Although the plaintiff was guilty of inordinate and inexcusable delay, the balance of justice did not favour dismissal because the defendant acquiesced in the delay by engaging in the proceedings without timely objection, and any prejudice claimed was not causally linked to the delay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; proceedings not struck out for delay