22 Feb 2012
FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER
- Citation
- FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1934/2011
The defendants failed to comply with the prior disclosure order because they did not procure or show steps taken to obtain bank documents that were within their control; 'possession, custody or control' encompasses the right to obtain documents from third parties; given the history of delay and inadequate affidavits the court was justified in granting a further disclosure order on unless terms, ordering indemnity costs to the plaintiff and refusing leave to appeal.