7 Mar 2013
TANG HING KWONG AND ANOTHER v. JOHN DAVID ANDREW IP AND ANOTHER
- Citation
- TANG HING KWONG AND ANOTHER v. JOHN DAVID ANDREW IP AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA7927/2000
Although the delay was inordinate and inexcusable, the defendants failed to prove serious prejudice sufficient to make a fair trial impossible or to demonstrate an abuse of process (warehousing) that would justify striking out; striking out is an ultimate remedy under the CJR and, on the facts, the appropriate order was to restore the actions and proceed under strict case management rather than dismissal.