The plaintiffs brought a motion for a status hearing under Rule 48.14(5) to prevent the administrative dismissal of their defamation action for delay.
The defendants opposed the continuation, arguing actual prejudice and seeking dismissal.
The court found the plaintiffs provided a passable explanation for the delay, largely due to solicitor misapprehension regarding file carriage, and that the defendants suffered no non-compensable prejudice.
The motion was granted, the action was permitted to continue, and a timetable was set for remaining steps.