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Court had inherent jurisdiction to order party to furnish further materials or information

By: Mark Tottenham BL

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High Court, in proceedings seeking possession of rental properties: (a) directs the plaintiff bank to file an affidavit concerning the securitisation process that resulted in a transfer of the relevant loans, on the grounds that, while particulars could not be ordered of material averred to on affidavit, the court retained an inherent jurisdiction to direct a party to furnish further materials or information if they were required to comply with fair procedures; (b) refuses to order other particulars sought by a litigant in person; (c) grants an order setting aside a notice to cross-examine a witness on her affidavit, on the grounds that such cross-examination would not assist the process.

Application for possession of rental properties - s. 62(7) of the Registration of Title Act 1964 - special summons - motion for replies to particulars - application to set aside notice to cross-examine - previous judgment (McDermott J) - determination that notice to cross-examine was defective in form - matters raised in earlier hearing - issue estoppel - whether particulars could be raised concerning matters averred to in an affidavit.

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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