ED and F Man Liquid Products v McMahan Kovzac Ltd

(i) Application by the Plaintiffs for an Order adjourning the trial of the actions and for directions regarding service and inspection of certain documents;

(ii) Application by the Second Defendant for an Order that the actions be struck out unless the Plaintiffs furnish the Second Defendant with further and better particulars of their amended Order of Justice within 14 days.

We are sitting today to consider two summonses in connection with two consolidated proceedings. The plaintiffs in each case are ED & F Man Liquid Products Limited as first plaintiff and Westway Trading Corporation as second plaintiff. In the first set of proceedings the defendants are Mr. McMahan, Kovzac Limited and Clifton Resources Limited. In the second set the defendant is Bayard Trust Company Limited. In essence both sets of proceedings arise out of a common set of facts.

It is alleged by the plaintiffs that their employee, Mr. McMahan, made a secret profit in that monies were paid to Kovzac Limited and Clifton Resources Limited, some of which found its way into his pocket unknown to the plaintiffs. Bayard Trust Company Limited is the company which administered both Kovzac Limited and Clifton Resources Limited and it is alleged that it is liable on the basis of knowing assistance because of its actions in relation to those two companies.

Secondly he says that there has been considerable delay on the part of the plaintiffs in seeking this information. He says it should have been done much earlier.