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Reid, Heather v Hendrick Smellie and Glastone Thayne

Court: 
Supreme Court
Catchwords: 

Application to strike out for an abuse of process or inordinate and inexcusable delay; duty upon adjournment to set down claim for case management conference; Civil Procedure Rule 27.8, 27.10 and 27.11

Although it may be said that the Registrar has a responsibility to fix a new date for CMC where there has been an adjournment for a date to be fixed by the Registrar, in keeping with the overriding objective, that is a responsibility shared by the parties, especially the party in default. This interpretation finds some support in the conduct of at least two of the attorneys-at-law in this matter, in so far as that evidences either an established or a growing practice. Therefore, that defaulting party will not escape culpability for any resultant inordinate and inexcusable delay.

Document Type:

Year: 
2010
Suit/Claim number: 
2004 HCV 01625