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Validity of receiver’s appointment had already been determined in other proceedings

By: Stare

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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.

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