The defendants brought a motion to dismiss the plaintiff's fraud action for inordinate and inexcusable delay spanning over nine years.
The plaintiff attributed delays to corporate restructurings, database corruption, and translation requirements.
The court found the delay inordinate and inexcusable, noting the plaintiff's responsibility to advance the action and the lack of compelling reasons for the multi-year inaction.
The court also found a substantial risk that a fair trial would not be possible due to fading memories of critical viva voce evidence, especially given the fraud allegations.
The motion was granted, and the action dismissed with costs to the defendants.
