Read the full judgment text of on BabelCite. was delivered on 10 February 1998.
1. On 28 March 1994, Kaplan, J. dismissed an application for summary judgment made by Skink Limited, a company in liquidation ("Skink") in an action brought by Skink, as plaintiff, against two defendants, Comtowell Limited ("Comtowell") and Malcolm Basil Maydwell ("Mr. Maydwell"). The judge made an order giving Comtowell and Mr. Maydwell their costs of that application. Skink appealed to this court; but on 21 October 1994 this court dismissed its appeal and made an order giving Comtowell and Mr.