At a status hearing under Rule 48.14 of the Rules of Civil Procedure, the plaintiff was required to show cause why its negligence action should not be dismissed for delay after more than two years of inactivity.
The plaintiff attributed the delay to severe financial hardship caused by the alleged environmental remediation failures of the defendant, which rendered the business insolvent and unable to fund litigation steps or financial statements until late 2013.
The court accepted the explanation as an acceptable reason for delay and found that the defendant had not demonstrated actual non-compensable prejudice.
The court also declined to determine a contested limitations defence at the status hearing on the limited evidentiary record.
The action was permitted to proceed subject to a strict timetable requiring the matter to be set down for trial by June 30, 2015.
