6 Dec 2012
ROBERT LEE AND HELEN HEARD V GREGORY LEE HC ROT CIV 2010-463-000430
- Citation
- openlaw-7d3f0508_34fb_4c15_a482_92cffd670b9f.pdf
- Court
- High Court
The 2000 Deed was a variation/implementation of the 1997 arrangements and no new cause of action arose in 2000; the plaintiffs' cause of action accrued in 1997, the delay in prosecuting claims was excessive and prejudicial, plaintiffs failed to provide evidentiary basis (eg medical reports) to justify extension under s24 or to avoid application of equitable delay principles, accordingly the proceeding was struck out as frivolous, vexatious or an abuse of process and costs awarded to defendant.