Rachael O’Hagan successfully represented a claimant in adjudication enforcement proceedings brought in the TCC where the court considered the test in Mitchell and whether the defendant should be granted relief from sanctions for failing to file and serve witness evidence in accordance with a Court Order. At the hearing, the defendant withdrew its application. However, the judge indicated that he would have refused the application had it been pursued. The claimant was awarded its costs of defending the application on an indemnity basis.
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