8 Apr 2009
INVERNESS MEDICAL INNOVATIONS, INC AND ANOR V MDS DIAGNOSTICS LTD AND ANOR HC AK CIV 2007-404-748
- Citation
- openlaw-b44502ba_9716_4ac6_8019_7e8ca7c9edc2.pdf
- Court
- High Court
The adjournment was refused because defendants had engaged in repeated delaying conduct (multiple changes of solicitors, late access to files, reliance on parallel Australian proceedings as a pretext), their asserted need for more preparation was unjustified given competent counsel could prepare within the remaining time, and the plaintiff's right to its day in court outweighed the defendants' convenience; indemnity costs and debarment conditions were warranted to prevent further delay.