Summary

The claimant's application for summary judgment or to strike out the defence was dismissed because if the defendant's allegations were established at trial they would provide a defence.

Facts

The claimant company (D) applied for summary judgment or to strike out the defendant's (W) defence. The action had been one of five actions listed to be heard together several months in the future. The main issues related to a joint venture agreement and various disputes that arose from it. D submitted that it was not a party to the other actions as its claims were separate and could be dealt with at the instant hearing rather than having to wait for a long trial that W might lose, thereby leading to the depletion of W's assets. W argued it was not possible to separate the instant action from the others as it was part and parcel of the disputes in the other actions.

Held

W's case went beyond mere assertion and the way that W alleged that all the matters were interlinked, if established at trial, was capable of providing a defence.

Application refused.