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CFI 007/2013 - Order of Justice Sir Anthony Colman
February 19, 2014 court of first instance - Orders,Orders
UPON reviewing the Defendant's Application Notice CFI-007-2013/2 dated 6 February 2014 and the Amendment to the Application via email dated 16 February 2014
AND UPON reviewing the Claimant's responses to the Application dated 17 and 18 February 2014
AND UPON reviewing the relevant documents in the case file
IT IS HEREBY ORDERED THAT:
1. The Application is refused.
REASONS:
1. The Defendant has known ever since the hearings of CA-005-2013 and CA-006-2013 in the Court of Appeal at the latest that a possible outcome of that hearing might be that in this trial the existence, nature and extent of the impact on completion progress of Force Majeure would have to be proved by the Defendant. To the extent, if any, to which the Defendant is unprepared to discharge that burden of proof, that is because the Defendant took the risk that the outcome in the Court of Appeal would make it unnecessary for that to be proved or that this case would settle before trial.
2. The Claimants now being prepared for trial, and having made the payments now re-claimed several years ago, it is inappropriate in the interests of justice that the trial should be postponed for a second time; a delay likely to exceed another six months.
