High Court refuses an application by a borrower to issue fresh proceedings against a receiver, on the grounds that: the intended proceedings are vexatious; the borrower, under an existing Isaac Wunder type order, required court permission to bring new claims; the borrower's claims sought to re-litigate matters already decided by the courts, and the receiver was entitled to act individually based on the terms of the mortgage documents; and in regard to a subsidiary argument regarding deeds of novation, the borrower was not a necessary party to those deeds, and they did not affect the validity of the receivership.
Isaac Wunder order - receivership - mortgage documents - vexatious litigation - receiver's powers - novation - abuse of process - appointment of receivers - secured assets - legal document interpretation - fundamental rights - access to courts - Henderson v. Henderson - Sheedy v. Jackson - receiver's agency - legal principles - RSC.