want of prosecution – lawyer representing claimant withdrew – claimant delayed to obtain replacement lawyer for over 3 months – delay by claimant to obtain replacement lawyer demonstrated lack of diligence and expedition and was unacceptable – claimant delayed by over 7 months to file application to reinstate claim after claim was dismissed – delay by claimant to file application to reinstate claim exorbitant and excessive – directions issued by the court are to be taken seriously – directions are issued to ensure that progress of case to trial or conclusion is not unnecessarily delayed and costs minimised – appropriate application should be made if directions cannot be complied with – no reasons or explanation provided for non-compliance with directions
prejudice to fair trial – claim based on allegations of fraud – witnesses crucial to the issue of fraud were deceased – prolonged and inordinate delay in prosecuting the case had resulted in the deaths of crucial witnesses – death of crucial witnesses has affected the issue of fairness and risk of prejudice and unfair trial is real and substantial – continuation of case will be greatly prejudiced through the death of key defendants and raises the potential of a substantial risk in the conduct of an unfair trial and miscarriage of justice – material witness to allegation of fraud suffering from debilitating medical condition and incapable of giving evidence at trial – adverse changes since commencement of claim 10 years ago infers that likelihood of a fair trial greatly compromised and there is real risk of unfair trial and miscarriage of justice occurring
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