16 Mar 2010
PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD
- Citation
- PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD
- Court
- District Court
- Case number
- DCCJ1938/2009
The court found no abuse of process: settlement of the substantive claim in arbitration did not automatically justify striking out the court action, non-compliance with O.25 did not require dismissal where the court could treat the hearing as case management, and the court was in a position to decide costs without a full trial; accordingly the O.18 strike out failed, the O.25 dismissal was not granted, leave to discontinue was given to the plaintiff and Redhill was ordered to pay Pioneer's costs except for O.25 which costs were awarded to Redhill, with taxation if not agreed.