19 Apr 1999
HONESTWIN LTD v. MEZELY TRADING LTD
- Citation
- HONESTWIN LTD v. MEZELY TRADING LTD
- Court
- Court of Appeal
- Case number
- CACV311/1998
The court exercised its discretion to grant leave to serve notice of setting down out of time despite the appellant's deliberate choice to withhold steps because there was no significant delay or prejudice to the respondent, the conflict of solicitors was actively pursued from early January, and the circumstances (including impecuniosity) did not justify refusing extension; however, the court ordered security for costs ($412,000) because the appellant was arguably impecunious and linked entities existed, and refused a stay pending provision of that security.