The plaintiff appealed a Master's order dismissing her claims for special damages and loss of income due to her failure to fulfill undertakings from an examination for discovery.
By the time of the appeal, the outstanding undertakings had been fulfilled.
The Divisional Court allowed the appeal and set aside the Master's order, finding that the plaintiff's conduct was not contumelious and did not cause serious prejudice to the defendant, and that denying her a day in court would allow form to triumph over substance.
