26 May 2015
Plaintiff sought and obtained interim relief consistent with clause 31.7 of the franchise agreement and art 9 of Schedule 1 of the Arbitration Act 1996 and did not submit the substantive dispute to the Court; accordingly the defendants' application to set aside the appearance was dismissed.
30 Jul 2009
Leave to TPC Korea Co Limited to enter a conditional appearance was granted because the applicant provided a reasonable explanation for the delay, no prejudice to other parties was shown, and overall interests of justice favoured permitting the foreign owner to defend given seizure of its asset; the Court exercised its procedural discretion to defer determination on intervention to allow proper service and evidentiary steps.
31 Jul 2008
Defendant was entitled to an award for commencement of defence under Schedule 3 but the full two‑day allowance was inappropriate because no statement of defence was filed; the allocation was reduced to one day ($1,600). An award of costs to the defendant should be made notwithstanding possible arbitral proceedings.