Read the full judgment text of CACV 000121/1993 on BabelCite. This Court of Appeal judgment was delivered on 3 February 1994 before Nazareth JA, Mortimer JA, Godfrey JA.
Civil procedure – summary judgment – leave to defend – condition for payment into court – inability to comply – variation of condition – M V Yorke Motors v. Edwards – appeal – costs in the cause – plaintiff sought possession of restaurant premises – 1st defendant granted leave to defend on condition of $750,000 payment into court – 1st defendant appealed claiming inability to pay – whether condition should be varied when defendant cannot comply – principle that condition rendering leave nugatory should be avoided – appeal allowed – condition reduced to $200,000 – costs in the cause
Legal issues: Condition for leave to defend - inability to comply
Outcome: Appeal allowed in part; condition reduced from $750,000 to $200,000.