Mohareb v Jankulovski

The case involved a defamation claim brought by Mr. Mohareb against Mr. Jankulovski, with the dispute being heard in the Federal Circuit Court. Mr. Mohareb alleged that Mr. Jankulovski defamed him in a series of communications, including on social media, leading to reputational damage. The court had to consider whether the proceedings were brought within a reasonable time under the relevant provisions of the UCPR and whether exceptional circumstances existed to justify any delay.

The central legal issues revolved around the application for the proceedings to be struck out or dismissed for want of due despatch. The court had to assess whether the delay in bringing the proceedings was unreasonable and whether any delay could be justified. This involved examining the relevant factors under UCPR 12.7, 14.28, and 42.20, including the length of the delay, the reasons for the delay, and whether the delay caused any prejudice to the defendant.

In its reasoning, the court found that the delay in bringing the proceedings was significant and unreasonable, as it spanned several years without any justifiable reason. The court noted that while there were exceptional circumstances presented, they did not sufficiently mitigate the delay. The court concluded that the delay caused prejudice to the defendant, impacting his ability to effectively defend the claim. Therefore, the court granted the application to dismiss the proceedings for want of due despatch, emphasising the importance of adhering to procedural timelines in legal actions.

The final orders of the court were that the proceedings be dismissed for want of due despatch, and that costs be awarded to the respondent. The dismissal was without any order as to costs, leaving the parties to bear their own costs incurred in the proceedings. This decision underscores the significance of timely legal actions and the consequences of failing to comply with procedural requirements.