4 Feb 2010
Given the 14-year unexplained delay, the prior 1994 correspondence requesting withdrawal, and no obligation to notify before applying to strike out, the strike out application was reasonable; accordingly Glen Eden was ordered to pay Mr Wells the claimed costs of $3,885.
5 Oct 2007
Strike-out application dismissed because defendants did not establish inordinate, inexcusable delay or serious prejudice and the pleadings disclosed a tenable cause of action; the matter must proceed subject to a strict timetable with an 'unless' dismissal if the plaintiff fails to file signed briefs by the appointed date; defendants may apply separately for security for costs.
25 Aug 2006
The Court struck out the defendant's claim because there was inordinate and inexcusable delay since Morris J's 3 July 1997 order, the defendant failed to provide an adequate explanation for the delay (ill health and impecuniosity did not suffice), and the plaintiff suffered serious prejudice from the age of the events, lack of particulars and evidentiary difficulty so that justice cannot be done if the claim proceeds.