Zhang v Hardas

The parties involved in this case were Zhang and Hardas, and the dispute was brought before the court in an application for dismissal of the plaintiff's claim for want of due despatch. The application was made pursuant to UCPR 12.7, and the court had to determine whether the plaintiff had acted unreasonably in delaying the proceedings, thereby warranting dismissal. The plaintiff, Zhang, had filed a statement of claim against Hardas but had not advanced the case for an extended period. Hardas applied to the court for dismissal, arguing that the plaintiff's delay was unreasonable and that there was no satisfactory explanation for the disregard of court orders.

The court needed to consider whether the plaintiff's delay was justified and whether the plaintiff had provided a reasonable explanation for the delay. The court also needed to determine if the plaintiff's failure to respond to the application to strike out warranted dismissal of the proceedings. The court examined the plaintiff's conduct throughout the proceedings, including the plaintiff's failure to comply with court orders and provide any evidence in response to the application to strike out. The court considered the principle that the court must ensure that the administration of justice is not unduly delayed.

After considering the evidence and arguments presented, the court concluded that the plaintiff had acted unreasonably in delaying the proceedings. The court found that the plaintiff had not provided a satisfactory explanation for the extreme delay and disregard for orders. Additionally, the plaintiff had not given any evidence in response to the application to strike out. The court held that the plaintiff's conduct warranted dismissal of the proceedings for want of due despatch. The court dismissed the plaintiff's claim and made orders for costs against the plaintiff.