SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT
This is the first of two posts today about applications for pre-action disclosure. The applicants were, eventually, unsuccessful in each. Here the judge found that the applicants had not met the first jurisdictional requirement for disclosure. Even if they had…
COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?
This is a case about non-party costs orders that has some unusual elements. Firstly an argument that since the appellant was not cross-examined the court was bound to accept his assertions that he had no direct financial interest in the…
You must be logged in to post a comment.