5 Oct 2007
R T PHILLIPS AND ANOR V L PETROU AND ORS HC AK CIV 2007-404-001771
- Citation
- openlaw-e58f8dc8_5b01_4f4d_ac1e_d39a9c37d3f1.pdf
- Court
- High Court
Transfer was declined and adjourned because defendants have at least an arguable limitation/strike‑out case and would suffer procedural prejudice (loss of established strike‑out procedure, potential inability to strike out parts only, limited costs recovery in Tribunal, and need for interrogatories), there was no clear time advantage in transfer, and plaintiffs elected the High Court; fairness requires strike‑out/summary judgment and interrogatories be determined first.