FIRST ATLANTIC BANK LTD. vs NORDIC LOGISTICS LTD & ORS

In this commercial debt action in the High Court, the Plaintiff sought an interlocutory order to appoint an independent referee to take accounts between it and several Defendants, including a bus-operating 1st Defendant and guarantors. The requested accounting would quantify disbursements, repayments, principal-interest allocations, and outstanding balances, including penal interest. The Respondents opposed, arguing unresolved triable issues extend beyond payment mechanics, challenging the Plaintiff’s capacity and the designation of the facility in its books, and insisting on full compliance with pre-trial processes. The Court reviewed the civil burden of proof and Order 29 of C.I. 47, finding that the Plaintiff’s reliefs (especially appointment of an auditor and further accounts) necessarily involve accounting. It discussed authority on when courts may appoint referees and the consequences of summary orders for accounts. Ultimately, the Court held the application was premature because the mandatory commercial pre-trial settlement conference had not occurred and because liabilities among multiple defendants require proper assessment through the ordinary process. The application was refused, the matter was referred to pre-trial, and no costs were awarded.