DFD v DFE & Anor

Civil Procedure — Striking out — Breach of “unless order” — Whether sanction in “unless order” automatic in effect — Whether striking out proportionate response to breach of “unless order” — Scope of inquiry into proportionality; Arbitration — Enforcement — Foreign award — Breach of “unless order” made in proceedings to enforce foreign award — Whether striking out proceedings to enforce foreign award contrary to pro-enforcement policy or principle of minimal curial intervention; Civil Procedure — Production of documents — Breach of “unless orders” — — Party claiming in affidavit verifying list of documents that no further documents in possession or control — Requirements of explanation in affidavit verifying list of documents — Whether affidavit verifying list of documents deficient; Civil Procedure — Production of documents — Breach of “unless orders” — Whether “unless order” for production of documents breached — Whether “plain and obvious” that party in “possession or control” of further documents responsive to specific production order — Test for “control” — O 11 r 3 of the Rules of Court 2021; Arbitration — Enforcement — Foreign award — Breach of “unless order” made in proceedings to enforce foreign award — Whether striking out proceedings to enforce foreign award contrary to Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958 — Articles III and V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958