The plaintiff brought a motion to set aside a registrar's order dismissing the action for delay.
The action, which involved a claim for damages for false allegations of criminal behaviour, was dismissed after the plaintiff failed to meet a timetable deadline to set the action down for trial.
The Master applied the test for setting aside an administrative dismissal, finding that the delay was adequately explained, the deadline was missed due to inadvertence, the motion was brought promptly, and the plaintiff rebutted the presumption of prejudice.
The motion was granted and the dismissal order was set aside.
