Thomson LP:

The plaintiff in these proceedings is an infant suing by his next friend and he is claiming compensation under s. 7 of the Civil Law Ordinance for loss arising from the death of his father as a result of the alleged negligent driving of a motor vehicle owned by the first defendant and driven by the second defendant. The alleged negligent driving occurred on 22 November 1960, and the plaintiff's father died on 23 November 1960.

The writ (with statement of claim endorsed) was issued on 27 November 1963, that is four days after the expiration of the period of three years mentioned in sub-section (5) of s. 7 of the Civil Law Ordinance which reads as follows (the italics are mine):

Not more than one action shall be brought for and in respect of the same subject matter of complaint, and i every such action shall be brought within three years after the death of such deceased person." No defence was filed but on 27 January 1964 the defendant's took out a summons under O. 25 r. 4 for an order that all further proceedings in the action be stayed and that the writ be struck out on the ground that the claim endorsed on it was frivolous and vexatious and an abuse of th