Nik Hashim JCA:

Background

On 24 September 2001, the learned judge, in the course of his pre-trial case management conference with solicitors for the parties pursuant to O. 34 of the Rules of the High Court 1980 (the RHC), directed the parties to file the following by 24 November 2001:

(a) bundle of pleadings;

(b) common bundle (s) of documents divided into parts;

(c) statement of agreed facts;

(d) issues;

(e) statement of each party's case and facts to be proved in relation to issues.

and also made a peremptory or an 'unless order' which reads:

if any party defaults in complying with the above directions, it/he will be precluded from prosecuting/defending its/his case and judgment will be given in favour of the party complying with the above directions.

The learned judge then fixed 7 December 2001 for the court to ascertain compliance with its directions and for further directions.

On 7 December 2001, upon finding that the appellants (the defendants in the court below) have failed to comply with the directions, the learned judge struck out with costs the appellants' counterclaim and forbade them from filing any document in support of their statement of defence without the