Read the full judgment text of HCA 003150/1975 on BabelCite. This High Court CFI judgment.
1. This is indeed an unhappy case, unhappy in the sense that time has been unnecessarily wasted at the expense of both parties without any determination on the merits or demerits of these proceedings. The pleadings were originally closed on, I believe, the 4th of February 1976 at which time the defendant filed its original Defence. Subsequent to the close of pleadings, the plaintiff sought and obtained an Order for evidence to be taken de bene esse of a witness in London. That was done before a