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Proceedings bound to fail where plaintiff named wrong defendant

By: James Cross BL

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High Court dismisses proceedings brought against a wholesale and retail bakery and confectionery company as being bound to fail, on the grounds that the plaintiff had named the wrong defendant. 

Practice and procedure – motion to dismiss proceedings on the grounds that they disclose no reasonable cause of action and/or are frivolous and vexatious and bound to fail - on their face, the pleadings do disclose a cause of action, but what this Court is concerned with is whether the cause of action is frivolous and/or vexatious and/or bound to fail – defendant company engaged in wholesale and retail bakery and confectionery business - defendant contends that it neither has, nor had, any involvement or legal relationship with the plaintiff which is related to the plaintiff’s cause of action – subsequent to its incorporation the defendant company purchased certain assets from a separate and distinct company which then went into receivership – plaintiff purchased assets from the receivers of that company - on the takeover by the defendant company, transport services were put out to tender – plaintiff unsuccessfully tendered – contract – not with the defendant company - no documentary evidence has been produced to support this contention that plaintiff had a contract with the defendant company - wrong company has been named as defendant – correspondence - applicable legal principles – proceedings are bound to fail – proceedings dismissed –

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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