Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Plaintiff ordered to provide particulars of concealment of fraud before preliminary hearing will be ordered
|
or click here to request site subscription to search and view all judgments |
High Court: (a) adjourns an application from the defendant to hold a preliminary hearing as to whether a claim is statute barred, in circumstances where the Plaintiff relies on a statutory defence relating to the concealment of fraud but did not provide particulars relating to that defence or plead it correctly; and (b) orders that the plaintiff do so within 21 days.
Plaintiff suing for breach of contract and negligence regarding the management of an investment fund – full defence entered – first named defendant alleges plaintiff’s claim is statute barred – seeks preliminary hearing – plaintiff seeks to rely on statutory defence relating to concealment of fraud – raised only in general terms in replying affidavit – no particulars delivered – no reply from defendant – premature to direct trial of preliminary issue – adjourned generally, plaintiff to provide particulars within 21 days.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
