Event and Time
Event Description
- Determination of a ruling related to an oral application by the defendants to dismiss a proceeding based on the plaintiffs breaching self-executing orders made on 18 February 2021.
- Finding: The plaintiffs breached the orders, resulting in the dismissal of their claims.
- Related application: Second-third plaintiffs sought to file a proposed fourth amended statement of claim (4FASOC), which was ultimately disallowed due to the dismissal above.
Application and Claims
- Defendants: Sought dismissal of the proceeding on the grounds of breach of self-executing orders by the plaintiffs.
- Plaintiffs: Attempted to amend their claim with a fourth amended statement of claim (4FASOC).
Judicial Decisions
- The court acknowledged unreasonable delay by the plaintiffs dating back to 2016.
- Ultimately, the plaintiffs’ breach of orders was confirmed, leading to the dismissal of their claims.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Claims: Alleged losses related to delays in construction projects, rescission of contracts, inability to service loan facilities, and operational impacts on the project.
- Defendants' Counterarguments:
- Asserted that the plaintiffs had been on notice regarding deficiencies in their pleadings for an extended period. - Highlighted the unreasonable delay in the proceedings as causing significant unfairness to the defendants, leading to the necessity of strike out applications.
- Evidence Provided:
- Numerous affidavits from the defendants’ solicitor evidencing communications and delays in plaintiff's responses. - Details about amendments to the statement of claim and earlier warnings given to the plaintiffs.