Pennecon Ltd v The Owners of The “Jean Raymond” - Federal Court (Trial Div)(MacKay J) - 12 January 1996

Practice - Whether action should be dismissed for want of prosecution

On 23 August 1985 the plaintiff commenced an action against the defendants seeking recovery of $40,321 alleged to be due for services rendered to the defendant vessel, a barge. The barge had put into port and received assistance from the services of the plaintiff after its cargo had shifted at sea in heavy weather. The defence to the claim was not filed until 1 November 1989. Pleadings closed in November 1989.