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High Court grants an application by the defendant bank to strike out a claim bought by a borrower who alleges that a charge over a property cannot be enforced owing to the existence of a family trust over their interest, on the grounds that it is vexatious, discloses no cause of action and is bound to fail in circumstances where the pleadings were hopelessly incoherent.
Application to strike out claim – grounds of vexatious claim, bound to fail and discloses no cause of action – claim bought by borrower who alleges charge over property cannot be enforced owing to existence of a family trust over their interest – Court rejects possibility of establishing same – holds pleadings to be entirely misconceived – first named plaintiff has no standing to bring case – claim 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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