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Court of Appeal dismiss appeal of High Court order dismissing the plaintiff's claim (which sought to challenge the bank's appropriation of a mortgaged property and subsequent sale) as an abuse of process, and of the making of an order restricting the appellant's ability to litigate, on the grounds that: a) the High Court was fully correct in its ruling that the proceedings should be dismissed as an abuse of the process because they seek to re-litigate a matter previously litigated and rejected, and they seek to litigate other matters that could and should have been litigated in earlier proceedings; and b) it was an appropriate case in which to grant an Isaac Wunder Order.
Practice and procedure – appeal of High Court order dismissing the plaintiff's claim as an abuse of process – lis pendens – summary judgment – appointment of the joint receivers – rule in Henderson v. Henderson – O. 15, r. 13 RSC – Isaac Wunder order – whether the 2010 mortgage was never sealed and signed by or on behalf of the mortgagee – whether the 2010 mortgage was never in fact at any time registered as a charge in the name of the mortgagee – whether the cross-border merger was required to be effected in compliance with the Cross-Border Merger Directive (05/56/EC) – Registration of Title Act 1964 – attempt by the appellant to re-litigate points that were previously litigated and rejected – whether the High Court was right to dismiss the appellants proceedings in reliance on the rule in Henderson v Henderson – no reason why the appellant could not have brought forward all of his grounds for seeking to challenge the appointment of the joint receivers in his earlier proceedings – appeal 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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