The appellant appealed the dismissal of his motion to set aside an assessment order obtained by his former solicitor.
The appellant argued he was never properly served with the notice of assessment, rendering the proceedings a nullity.
The Court of Appeal dismissed the appeal, holding that under Rule 2.01(1) of the Rules of Civil Procedure, the failure to properly serve the documents was an irregularity, not a nullity.
Given the appellant's excessive delay of over ten years in moving to set aside the order after becoming aware of it, the court declined to exercise its discretion to set the order aside.
