22 Oct 2003
TECH FOCUS LTD v. AUSTRIA PROPERTY MANAGEMENT LTD AND ANOTHER
- Citation
- TECH FOCUS LTD v. AUSTRIA PROPERTY MANAGEMENT LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV130/2003
The Court set aside the striking out and the injunction because the defendants had made material efforts to obtain inspection (31 March letter) which the plaintiff declined, the delay was not so serious as to warrant driving the defendants from the judgment seat, and expert evidence raised disputed factual issues (including possible illegal structures) that required resolution before ordering mandatory relief; accordingly the defence was restored while the costs order was left intact.