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Action to set aside settlement agreement was bound to fail

By: Mark Tottenham BL

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Supreme Court dismisses appeal from High Court, and affirms order striking out an action seeking to set aside a 2009 agreement settling earlier litigation, on the grounds that the facts relied upon by the plaintiff were known to him at the time he entered into the 2009 agreement - with the benefit of legal advice - and his claim was bound to fail.

Irvine J (nem diss): Appeal from decision to strike out proceedings - whether bound to fail - claim of fraud and deception - settlement of earlier proceedings seeking possession of certain lands - loan to facilitate purchase of property - agreement - legal advice - failure to meet repayments - 2009 settlement - sale of lands - payment to lender - whether loan tainted with illegality - refusal to complete agreed sale - action to set aside 2009 agreement - jurisdiction of court to strike out action - abuse of process.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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