12 Dec 1988
DRAGAGES ET TRAVAUX PUBLICS AND OTHERS v. PRESERVATRICE FONCIERE TIARD AND ANOTHER
- Citation
- DRAGAGES ET TRAVAUX PUBLICS AND OTHERS v. PRESERVATRICE FONCIERE TIARD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2305/1988
Applying s.29 and following the majority approach in The Pegasus, the court held that 'undue hardship' merits a generous interpretation; given the plaintiffs were reasonably induced by defendant loss adjusters' communications, the inadvertence of plaintiffs' solicitors and the absence of any demonstrated prejudice to the defendants, refusal would cause undue hardship; extension granted on terms as to costs (defendants' costs taxed as between solicitor and own client to be paid by plaintiffs forthwith).