3 Dec 1997
COLLECTIONS INTERIOR LTD v. FLEXIWALL ENGINEERING CO LTD
- Citation
- COLLECTIONS INTERIOR LTD v. FLEXIWALL ENGINEERING CO LTD
- Court
- Court of First Instance
- Case number
- HCCT64/1996
The court determined as a preliminary issue that the agreement of 23 September 1994 is binding on the plaintiffs and the defendant, leaving only the quantum between the plaintiffs individually and the defendant. Because the defendant advanced totally without merit defences to the binding nature of that agreement and thereby caused unnecessary expense, the defendant must pay the plaintiffs' costs of the preliminary issue on an indemnity basis to be taxed and paid forthwith. Separately, Flexiwall must bear the wasted costs of the abortive attempt to try the preliminary issue in CON 64 caused by…