23 Sept 2005
NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
- Citation
- NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
- Court
- Court of Appeal
- Case number
- CACV64/2005
Appeal allowed: despite inordinate and inexcusable delay by the third parties, the court exercised its discretion to extend time because there were substantial arguable defences and procedural unfairness (notably an amendment at trial introducing a contractual indemnity in the absence of the third parties and failure to ensure the presence/clarity of the third party director witness). The order of Stone J dated 20 November 2002 was set aside on terms, a retrial of the third party action before a different judge ordered, and costs directions made conditional on third parties bearing costs thro…