Read the full judgment text of HCA 003319/2002 on BabelCite. This High Court CFI judgment was delivered on 29 August 2005.
1. By summons dated 26 November 2004, as amended by subsequent summons dated 20 December 2004, the plaintiff applies to strike out the defence and enter judgment against the defendant on the ground that there is a serious or substantial risk that there can no longer be a fair trial by reason of the defendant’s suppression of documents and failure to make proper discovery; alternately for an order that the defence be struck out and judgment be entered unless the defendant complies with paragraphs