The plaintiffs appealed a Master's order striking out four paragraphs of their Statement of Claim.
The paragraphs alleged that the defendant landlords had general knowledge that counterfeit merchandise was being sold at their flea market.
The Master struck the paragraphs under Rule 25.11, finding them irrelevant and scandalous.
The Superior Court allowed the appeal, holding that the law on a landlord's vicarious liability for tenants selling counterfeit goods is unsettled, and it was an error to strike potentially relevant material facts at the pleadings stage.
