23 Feb 2006
C.A. PACIFIC FINANCE LTD (In Liquidation) v. SIN MEI CHUN NADIA
- Citation
- C.A. PACIFIC FINANCE LTD (In Liquidation) v. SIN MEI CHUN NADIA
- Court
- Court of First Instance
- Case number
- HCA838/1998
The summons to strike out was dismissed because the delay was not held to be inexcusable in the context of complex, court-supervised liquidations; the defendant failed to demonstrate that the delay created a substantial risk of an unfair trial or serious prejudice (missing documents/witnesses were either speculative or not causally attributable to the plaintiff's delay); calculations showed any set-off would not extinguish the claim; the claim was not incontestably bad nor an abuse of process, so strike out was inappropriate.