Read the full judgment text of 1996, No. CON 3 / 1996, No. CON 66 on BabelCite. This COURT OF FIRST INSTANCE judgment was delivered on 18 July 1997 before the Hon Mr Justice Findlay.
Construction law — Sub-contract liability — Consensual novation — Preliminary issue for separate trial — Discovery and inspection — Directions for trial. The dispute concerns whether Mansion Holdings Limited or Mansion Fire Engineering Company Limited was liable under contract for plumbing, drainage and fire services works performed for Tridant Engineering Company Limited. Mansion Holdings alleged consensual novation replaced it with Mansion Fire; Tridant denied this. The court refused a separate hearing on the preliminary issue determining liable party due to factual disputes requiring oral evidence, despite the parties' argument. Discovery processes were problematic but the court urged proper identification and numbering of documents. Summonses for amendments were granted; discovery-related summonses were adjourned sine die. Costs from wasted hearings were ordered against Tridant. The matter proceeds with all issues to be tried together after completion of discovery and inspection.
Legal issues: Preliminary issue on party liable under sub-contract
Outcome: Summons for separate trial of preliminary issue dismissed with costs; other summonses for amendments granted or adjourned; Tridant ordered to pay wasted costs.
Cited by 7 cases