Hasan Lah JCA:

[1] This is the appellant's appeal against the High Court's decision given on 16 August 2004 dismissing the appellant's application vide a summons in chambers dated 16 July 2004.

[2] On 3 August 2009 we allowed the appeal with costs. We now give the grounds of our decision.

[3] In this judgment we will be referring to the appellant as "the plaintiff" and the 1st and 2nd respondents as "the 1st defendant" and "the 2nd defendant" respectively.

[4] The plaintiff commenced the action in the High Court against the 1st defendant and the 2nd defendant on or about 30 April 1999 purportedly for the defendants' failure to amend the terms of a letter of credit issued by Banque Paribas.

[5] On 18 August 2003, the plaintiff took out a notice for pre-trial case management. The case management was held on 23 September 2003, 3 December 2003 and 4 March 2004.

[6] On 4 March 2004, the parties informed the court that all the documents had been agreed upon. The court fixed a final case management date on 16 April 2004 for the plaintiff to comply with the case management direction. The court had also made a peremptory order that if the plaintiff failed to comply with the case ma