2 Apr 2008
LAMP-POST PRODUCTIONS LIMITED V FABRIC SHELTER SYSTEMS LIMITED AND ANOR HC WHA CIV 2006-488-697
- Citation
- openlaw-79c6ec5c_a861_4d48_b844_abc646799f89.pdf
- Court
- High Court
The application was refused because the proposed s 60 cause of action and joinder were premature and dependent on a prior finding in the plaintiff's favour on the existing causes of action; the fraud allegation was insufficiently particularised and therefore susceptible to being a fishing exercise; there was no demonstrated prejudice warranting vacating the imminent trial or ordering the broad discovery sought, and economy favoured proceeding to trial on the current pleadings with any s 60 claim pursued afterwards if judgment inadequately satisfied.