25 May 2006
LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS
- Citation
- LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV359/2005
The Court dismissed the appeal and affirmed the judge's refusal to strike out: defendants failed to discharge the burden of showing deliberate suppression of discovery or that the non-disclosure made a fair trial impossible; the plaintiff's affirmations provided an acceptable explanation that could not properly be rejected without cross-examination; absence of any peremptory/unless order increased the hurdle for striking out and the judge acted within his discretion.