Proceedings commenced within a suspended limitation period may nonetheless be permanently stayed as an abuse of process where the extreme lapse of time has rendered a fair trial impossible. The suspension of a limitation period under disability provisions does not authorise delay and does not preclude the court from exercising its inherent jurisdiction to prevent abuse of process. In the weighing process, the breadth of the plaintiff's pleading is relevant — broadly pleaded allegations are harder for defendants to meet after long delay, increasing the unfairness. The quantum of the plaintiff's claim cuts both ways, as a large potential verdict makes the injustice of an unfair trial more acute.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
5 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.