Mr Justice Garrett Simons said there was no good explanation for the eight-year delay in acting on the judgment
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The judge said no good explanation was provided for the holdup that occurred before March 2020 when public health restrictions hampered progress. In refusing the execution order, Mr Justice Simons said Pepper failed to meet the “not particularly high” threshold of providing a good explanation for the lapse of time.
The judge said there was nothing to prevent ACC pursuing the 2012 judgment at the same time. The “supposed obstacles” ACC faced related to procedural requirements that were only relevant before it obtaining its 2012 judgment, the judge said.