The moving defendants brought a motion to dismiss the plaintiff's action for delay.
The action, commenced in 1998, alleged a fraudulent conveyance of property in Venezuela.
Over 16 years, the plaintiff failed to answer undertakings, delayed serving expert reports, and failed to set the matter down for trial in a timely manner.
During this time, two key defendants died and another suffered serious health issues.
The court found the delay to be inordinate and inexcusable, and that the defendants suffered actual prejudice.
The motion was granted and the action was dismissed against the moving defendants.
