The appellants appealed a Case Management Master's decision dismissing their $4.6 million solicitor negligence action for repeated non-compliance with court orders.
The appellants had failed to comply with four orders requiring them to answer undertakings and produce documents, including a final 'last chance' order.
The Divisional Court dismissed the appeal, holding that the Master correctly exercised her discretion to dismiss the action under the Rules of Civil Procedure to enforce compliance and further the goals of case management.
