S v Western Areas Ltd

In S v Western Areas (2005), the accused appeared on multiple charges of fraud.

The accused challenged the indictment, contending that the indictment did not disclose an offense.

The court held that if the contention were a good one, it was not desirable to have an expensive and time-consuming trial just to have it acquitted on technical grounds at the end.

Thus in principle, one can challenge the refusal of a High Court to order particulars but only if a very good point of law has been raised.