19 Jul 2011
HE KEN AND OTHERS v. The Personal Representative of the Estate of TANG WAH also known as TANG WAH KEE, deceased
- Citation
- HE KEN AND OTHERS v. The Personal Representative of the Estate of TANG WAH also known as TANG WAH KEE, deceased
- Court
- Court of First Instance
- Case number
- HCA66/2000
The dismissal of the defendant's summons for want of prosecution was correctly refused: although there was serious and partly inexcusable delay, there was no intentional or contumelious delay and no substantial prejudice that would justify the extreme sanction of dismissal; the court must apply the CPR's overriding objective and use proportionate remedies and available alternative sanctions and directions to enable a fair trial, therefore Master Levy's decision and directions were upheld.