24 May 2011
TOTAL AIR SUPPLY COMPANY LIMTED V TOTAL AIR SUPPLY COMPANY (2007) LIMITED HC AK CIV-2008-404-7627
- Citation
- openlaw-58e8879b_fca5_478d_9987_1dedde3f1a06.pdf
- Court
- High Court
Leave to adduce the plaintiff's supplementary reply evidence on the creditors issue was granted under r 9.5(3) because, on balance, excluding evidence that represents over a third of the claimed loss would cause significant prejudice to the plaintiff and the prejudice to the defendants and third party could be addressed by adjourning the trial; the court weighed overall justice, noting deficiencies in the plaintiff's pleading but accepting informal notice and the late emergence of the issue justified permitting the evidence with an adjournment and costs reserved.