A notice of intention to proceed under r 389(1) UCPR does not obviate the requirement to seek leave under r 389(2) where no step has been taken for two years. When assessing prospects of success on a leave to proceed application, the court must consider all causes of action, not only those with evidentiary difficulties. The construction of r 389(1) contended for by the appellants — that compliance with r 389(1) negates r 389(2) for a reasonable period — was rejected as contrary to the purpose of the rules.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.