Rohit Kumar

The plaintiff brought a motion for summary judgment seeking damages for breach of an employment contract, claiming entitlement to a 1.5% equity stake in the defendant limited partnership.

The parties disputed the nature of the agreement, the entity in which the equity was held, and the value of the shares, relying on conflicting pre-employment emails and formal documents.

The court dismissed the motion, finding that the conflicting evidence and lack of valuation data created genuine issues of credibility and fact that required a trial.

The plaintiffs brought a motion for a status hearing under Rule 48.14(5) to extend the deadline for setting the action down for trial.

The action, commenced in 2014 to enforce a 2013 default judgment, had seen no steps taken by the plaintiffs for 30 months between 2016 and 2019.

Applying the conjunctive test for delay, the Master found that while the defendants would not suffer significant prejudice, the plaintiffs failed to provide an adequate explanation for the lengthy delay.

The action was dismissed for delay.