The appellants appealed an order dismissing their application to set aside the dismissal of their action.
The action had been dismissed in May 2012, but the appellants subsequently brought two motions for default judgment without disclosing the dismissal or complying with the Registrar's directions.
The motion to set aside the dismissal was brought over a year later.
The Court of Appeal found no error in the application judge's conclusion that the appellants failed to move promptly and lacked a valid explanation for the delay.
The appeal was dismissed with costs.
