The moving defendants sought dismissal of the plaintiffs’ action for delay under Rule 24.01(c) of the Rules of Civil Procedure.
The court examined whether the delay was inordinate and inexcusable and whether it created a substantial risk that a fair trial was no longer possible.
The action had been commenced in 1987 and had not been set down for trial for more than 25 years, with long periods of inactivity attributable to the plaintiffs.
The court held the explanations offered, including related insolvency proceedings, settlement discussions, and financial constraints, were insufficient.
Presumed prejudice was not rebutted and actual prejudice was established due to unavailable key witnesses.
The action was dismissed for delay.
