A motion was brought to set aside a registrar's order dismissing an action for delay, which was prematurely issued due to a court staff error.
The court found the registrar lacked authority to issue the dismissal order, rendering it a nullity.
Despite some delay attributable to former counsel's inadvertence and the plaintiffs' initial inaction, the court emphasized the policy bias towards hearing cases on their merits.
The defendant's claims of prejudice were not substantiated or causally linked to the plaintiffs' delay, and their passivity in addressing the dismissal order undermined their position.
The motion was granted, setting aside the dismissal order and reinstating the action with new deadlines for mediation and setting down for trial.
