Strike-Out Unavailable Where Discovery Eventually Made

Introduction

The recent case of Campion v Wat(1) has confirmed that an application to dismiss a claim for failure to make discovery will not succeed where the discovery obligation is complied with, notwithstanding the other party's reservations about the discovery actually made. Once deficiencies in making the discovery were resolved, the court found no basis to deprive the plaintiff of an opportunity to present its case. The case is a useful reminder that in making applications to strike out proceedings, the courts are slow to deprive litigants of a trial, and that curing a default in taking a particular step in the proceedings will normally satisfy the court.

Background

The case involved a dispute between a divorced couple regarding the ownership of rare stamps and associated certificates, as well as a security deposit cheque. With regard to the substance of the dispute, the defendant denied that: