Dan Avram Poliwoda

The plaintiff sought an extension of the set down deadline and directions on scheduling a motion to compel the defendant to produce additional documents, arguing these were required by a prior production order.

The court found the plaintiff's motion was out of time, as the parties had agreed to a timetable for all pre-trial motions, and the plaintiff had not acted within those deadlines.

The court emphasized the importance of case management and procedural fairness, but held that the plaintiff had ample opportunity to bring the motion and declined to grant leave for it to proceed.

The plaintiffs moved for default judgment against the Developer Defendants for alleged misappropriation of $9 million.

Concurrently, the Developer Defendants sought to set aside their noting in default and obtain leave to file a Statement of Defence, asserting they had purged previous contempt orders related to a Mareva and Disclosure Order.

The court reviewed the Developer Defendants' efforts to provide an accounting and disclosure, acknowledging remaining gaps but finding that they had done all that was reasonably possible given the circumstances and passage of time.

The court emphasized that perfect compliance was not required to purge contempt.

Consequently, the Developer Defendants' motion to set aside default and for leave to file defences was granted, and the plaintiffs' motion for default judgment was dismissed.

No costs were awarded to either party, as the plaintiffs were justified in bringing their motion given the history of non-compliance.