Failure to consider effect of refusal

Thomson v O’Connell CA SJ 25 November

The claimant issued proceedings for non-payment of service charges and the defendant had counterclaimed for loss of rent. The defendant subsequently agreed to settle the claim, the matter continuing on the counterclaim. Problems arose with the appointment of an expert and on the day of the trial of the counterclaim both parties consented to an adjournment. It was refused on the basis that the parties had been aware of the problems with the instruction of the expert but had failed to inform the court until the last minute. The counterclaim was dismissed with costs.