- 6 A
A
at the time of the inter partes hearing should not be what has
happened in the past but what should happen in the future. On
the hearing of the inter partes motion it is impossible to make
any concluded finding of fact, yet the court is being asked to
reach a conclusion on the issue of non-disclosure without full
knowledge of the circumstances. This attempt involves a
minute
examination
of
detailed
allegations
and
counter-allegations, the exact materiality of which may not be
clear to the judge in the interlocutory hearing, in circumstances
when that is not necessary for the future conduct of the case.
B
C
D
E
F
G
H
16.
B
C
D
E
The cost in time and money to the parties in a complex case
can become vast and the waste of court time quite
unacceptable. …”
F
In Dormeuil Frères the evidence and the exhibits extended to
H
G
more than 750 pages as observed by Sir Nicolas Browne-Wilkinson VC at
I
I
p 1369.
J
J
17.
K
L
M
voluminous.
There are over 19 lever arch files of documents of over
3,000 pages.
18.
N
P
19.
K
L
And also at p 1369 Sir Nicolas Browne-Wilkinson VC said:
“
In my judgment, save in exceptional cases, it is not the
correct procedure to apply to discharge an ex parte injunction on
the grounds of lack of full disclosure at the interlocutory stage of
the proceedings. The purpose of interlocutory proceedings is to
regulate the future of the case until trial.”
O
Q
In the present case, the evidence and documentary exhibits are
As he observed at p 1370, the sole relevance of whether the
M
N
O
P
Q
ex parte order should be set aside is to determine the question whether the
R
S
T
plaintiff is liable on the cross-undertaking in damages given on the
ex parte hearing. That is not an urgent matter.
And as he said:
“… It is normally much better dealt with at trial by the trial judge
who knows all the circumstances of the case and is able, after
cross-examination, to test the veracity of the witnesses.”
R
S
T
U
U
V
V