The plaintiffs brought a motion for the validation of service of a Statement of Claim on the defendant, Kin Long Chui, following significant delays.
The court dismissed the motion, finding that the plaintiffs failed to provide adequate explanations for the lengthy delays in serving the claim and bringing the motion.
The court determined that the defendant would suffer actual and inferred prejudice due to the passage of over four and a half years since the accident, impacting the ability to investigate, conduct surveillance, obtain timely medical assessments, and diminishing witness recollection.
The plaintiffs did not discharge their onus to show no prejudice to the defendant.
