Vale sought to strike out Nysco’s defence, alleging that Nysco had breached an Unless Order requiring it to serve a forensic accountancy report relating to the tracing of monies paid by Vale. Nysco served the report in advance of the deadline set out in the Unless Order. Vale argued that the report produced by the forensic accountancy experts was inadequate and did not satisfy Nysco’s obligation to comply with the Unless Order.
Mr Paul Stanley QC for Nysco submitted that the report complied with the Unless Order, arguing that “If it looks like a duck and it quacks like a duck, then the case for saying that it is not in fact a duck requires pretty strong proof that it is not.”
Mr Justice Jacobs found in favour of Nysco and dismissed Vale’s application, determining that Nysco had complied with the Unless Order.