13 Feb 2009
ISLAND VIEW ESTATES LIMITED (IN LIQUIDATION) V MAINLINE CONTRACTING LIMITED HC AK CIV-2008-404-3840
- Citation
- openlaw-ef900340_3dc9_42b8_8571_43af05cfb8f2.pdf
- Court
- High Court
Grant special leave to the defendant to file and serve a statement of defence out of time because the defendant has an arguable defence on complex factual and legal issues (notably on consideration/restitution), the defendant's insolvency is not established on the evidence, and the directors advanced a reasonable explanation for delay (absence overseas); accordingly the discretion to grant leave should be exercised in favour of permitting a defence to be filed.