GROUNDS OF JUDGMENT

On 18 March 2008, at the commencement of the trial, I dismissed the plaintiff's action. But I made no order as to costs.

I shall now give my grounds for dismissing the plaintiff's suit.

In my judgment, the action ought to be dismissed as there was clear non-compliance with the Court's previous case management direction, the non-compliance being of such a nature as to give me the impression that the plaintiff has scant respect for the Court's case management directions and was not serious in prosecuting its claim against the defendant. I shall elaborate.

On 27 April 2005, the learned Judge then, Vincent Ng J (as he then was), in conducting the case management, by agreement of parties, directed that the plaintiff was to file and serve their witness statements at least 21 days before the date of trial. The trial dates that were fixed then were 10 - 13 July 2006. The relevant part of the direction, as recorded in the minutes of the file reads:-

Mahkamah: Ke 10-13/7/06 (Bicara Penuh). Dengan persetujuan kedua-dua pihak, pihak plaintif akan menfailkan (dan menyerahkan) witness statement affidavit sekurang-kurangnya 21 hari sebelum 10/7/06. Pihak defendan melakukan sed

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