this is from the 11/8/11 MNM ann:
'In July 2011, the Court conducted a review of the proceedings and heard an application by Calcifer seeking further time in which to file its Amended Defence and Counterclaim. The Court gave Calcifer until 10 August 2011 to file their Amended Defence and Counterclaim.
Yesterday, the Court conducted a further review of the proceedings and gave Calcifer until 16 August to file any applications and supporting affidavits in respect of an ongoing lien dispute with their prior solicitors. The directions hearing was adjourned until 18 August.'
Has the amended defence that was due on 10 August been filed yet? If it hasn't, MNM's lawyers should ask the Court to set a date for its filing, failing which judgment is entered on the action in MNM's favour. Court's have the power to do this, and often do this kind of thing if a party to a case is consistently failing to comply with Court orders.
Calcifer will stretch this out as long as they can.
MNM's lawyers should also ask for a trial date to be fixed tomorrow and get this circus put to an end asap. No doubt these lawyers are charging MNM $500 per hour for their time. It's time they started earning it, rather than letting Calcifer play ducks and drakes in Court.
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