Haddad v Torbey

The plaintiff, Mr. Haddad, sought damages from the defendant, Mr. Torbey, for alleged professional negligence. The proceedings were instituted over eight years ago, yet Mr. Haddad had not failed to take a step in the proceeding nor had he failed to comply with an order of the court. Despite this, Mr. Torbey applied to have the case dismissed for want of prosecution. The central legal issue was whether the court, exercising its inherent jurisdiction, should dismiss the proceedings for lack of prosecution.

The court examined the circumstances leading to the long delay and the reasons provided by Mr. Haddad for the delay. It considered the balance of convenience and whether there had been any prejudice to Mr. Torbey if the proceedings were to continue. The court found that the plaintiff had adequately explained the delay and that the defendants had not demonstrated any prejudice as a result of the delay. The court held that there were no grounds to exercise its inherent jurisdiction to dismiss the proceedings for want of prosecution.

Accordingly, the application by Mr. Torbey to have the proceedings dismissed was dismissed. The case remains active, and Mr. Haddad's claim for damages for professional negligence continues to be pursued against Mr. Torbey.