Case dismissed which raised virtually identical issues to previous proceedings

Interlocutory motion - defendants seeking to strike out the proceedings - inherent jurisdiction - frivolous vexatious and abuse of process - disclose no reasonable cause of action and/or that they are bound to fail - claims are res judicata - claims could have been brought forward in previous proceedings - seek an Isaac Wunder order - lay litigants assisted by McKenzie friends - procedural issues - purchase of lands - firm of solicitors represented both parties - question of the boundaries to the property - Circuit Court proceedings settled - did not accept settlement - plenary proceedings - dismissed by the High Court - valid agreement - did not appeal - defendants argued that new proceedings deal with all the same points - allegation of fraud - comparison of the pleadings - applicable legal principles - res judicata - present proceedings do not include a claim for the setting aside of that agreement - majority of the claims made relate to issues concerning title, ownership and boundary - High Court has determined that they are all matters covered by the settlement - all of the core issues raised in the current proceedings were dealt with in the 2004 proceedings - abuse of process/frivolous and vexatious claim - Henderson v. Henderson - clear public policy reasons why matters which have been substantially litigated or could and should have been substantially litigated in previous proceedings should not be permitted a rehearing - indicia of frivolous and vexatious litigation are present - virtually identical to the earlier High Court proceedings - an order restraining a party from issuing proceedings without leave of the court is an exceptional order to be made in rare circumstances - persistently instigated vexatious civil proceedings against these defendants - issued Isaac Wunder order - Order should be limited to the subject of the previous proceedings.