6 Mar 2012
ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD
- Citation
- ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD
- Court
- Court of First Instance
- Case number
- HCA1987/2005
The court refused to treat the dismissal application as a trial of issues under its inherent jurisdiction and held that, if such a power were exercised, it must be exercised in the same manner as Order 33 r3/r4(2); because the validity of the settlement was factually intertwined, discovery was incomplete and there was a live dispute over control of a party, it was inappropriate to direct a trial now — the dismissal application may only proceed as a summary process to dismiss plainly and obviously unmeritorious actions.