or click here to request site subscription to search and view all judgments
Court of Appeal dismisses appeal from High Court, and affirms order striking out claim challenging appointment of receiver, on the grounds that: (a) the claim was based on a net point of law rather than contested facts and could be determined in a preliminary motion; (b) the matter of the validity of the receiver's appointment had already been determined in other proceedings; and (c) the plaintiff was not entitled to raise new issues on appeal.
Peart J (nem diss): Dismissal of proceedings against receiver - abuse of process - no reasonable cause of action - appointment over four properties - undertaking to vacate - whether receiver lawfully appointed - s. 115 (Table A) of the first schedule of The Companies Act 1963 - s. 64(2)(b)(ii) of the Land and Conveyancing Act 2009 - whether facts in dispute - claim relying on a net point of law - inherent jurisdiction of the court - validity of appointment already the subject of determination by the court - new grounds.
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.