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High Court, in commercial proceedings surrounding the sale of derivatives between the parties, makes specific rulings in respect of an extensive set of proposed amendments sought by the plaintiff in regards to its pleadings, following an earlier judgment by the court dismissing a large part of the plaintiff's claims on the grounds of being frivolous and vexatious, but requires a new draft of the proposed pleadings to be served on the defendant and the court within three weeks.
Application seeking leave to amend statement of claim - Order 28 Rule 1 RSC - extensive amendments sought - prior related judgment of the court dismissing majority of plaintiff's claims on basis of frivolity and vexatiousness - remaining claims regarding sale of derivatives between parties - new causes of action sought - misrepresentation, mispricing, assurances and corresponding duty of care amongst others - legal principles applying to such an application - interests of justice - application opposed - whether majority of matters now res judicata - whether an abuse of process - balance of justice - law of issue estoppel - plaintiff free to advance case of wrongful intimidation and coercion to sell properties - open-ended manner of proposed statement of claim does not make this clear - proposed subset of amendments disallowed - mispricing issues represent a paraphrasing from previous claim - new claims - rigours of the commercial list - practical effect on case management should such amendments be permitted - no such abuse of process established - certain amendments permitted - amendments coming within scope of prior judgment not permitted - amended prayer for declaratory reliefs refused - relief relating to claim for damages to be recast - claim relating to assertion of fraud previously advanced - further draft amended statement of claim directed to be delivered to defendant and Court within three weeks.
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