The Appellant appealed an Applications Judge’s Decision to decline to dismiss the Plaintiff’s claim under Rule 4.33.

The Court found no error in the Applications Judge’s Decision and dismissed the Appeal. The Appellant argued that the last significant advance in the Action occurred when the Plaintiff served its Amended Statement of Claim. However, Applications Judge Birkett had noted that there had been an Application to further amend the Amended Statement of Claim to add additional Parties and the Appeals of that Decision. The Court found no error in Applications Judge Birkett’s reasoning that knowing who the Parties are is a significant advance in the Action as it is something that needs to be determined before the Action can move forward.