8 Apr 2010
ERP FURNITURE LTD v. TOP PINE TIMBER PRODUCTS LTD AND ANOTHER
- Citation
- ERP FURNITURE LTD v. TOP PINE TIMBER PRODUCTS LTD AND ANOTHER
- Court
- District Court
- Case number
- DCMP526/2007
Although ERP's prolonged inaction amounted to inordinate and potentially abusive delay, the court gave decisive weight to the non-expiry of the limitation period and the public interest in avoiding duplicative proceedings; therefore dismissal was not justified. Instead the appropriate remedy was to impose firm case management directions and conditional striking out to secure expedition and fairness, and to order costs such that each party bears its own costs of the striking out application and appeal.