Judge criticises ‘stalling’ defence
Mr Justice Peter Kelly said yesterday the defence submitted on behalf of the two men was “not in acceptable form” for Commercial Court proceedings. He said the defence involved a traverse — blanket denial — of all the claims against them. This was a “typical stalling-type defence” and he would not let the case advance on that basis.
He directed that a procedure involving sworn answers to specific questions be followed. When those answers were received, the issues and the “true defence” would be much clearer and the parties would also be able to see what discovery was required. Mr Justice Kelly adjourned proceedings for five weeks.
