The defendant Ministry brought a motion for leave to appeal a decision upholding a Master's refusal to dismiss the plaintiff's action for delay at a status hearing.
The delay was largely attributed to the plaintiff's former solicitors.
The court found no conflicting decisions and no reason to doubt the correctness of the reviewing judge's decision, which properly applied the test for delay and deferred to the Master's exercise of discretion.
The motion for leave to appeal was dismissed.