Michael Trim appeared for the applicants (led by J Hunter KC), instructed by Holding Redlich.
In this case, the defendants applied to strike out the whole or parts of the Amended Statement of Claim (ASOC) on the primary basis that the “cost plus” contract at the centre of the applicant’s allegations is void by virtue of non-compliance with statutory requirements. The defendants further contended that the pleading should be struck out (in whole or part) because of inconsistencies and the form of the pleading. The Court held that it is not an appropriate instance to strike out the whole of the ASOC but ordered that a description of the work the subject of the claim be struck out with liberty to replead.
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