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Court of Appeal refuses debtor's application for the court to review its own unapproved judgment in proceedings concerning mortgage debts and an issue concerning a cross-border merger involving the respondent bank, on the grounds that: the applicant has failed to meet the 'wholly exceptional' threshold test required for the court to intervene further in that he has failed to establish any fundamental denial of justice concerning the manner in which the Court dealt with his legal submissions during his appeal; and the application impermissibly seeks to revisit the merits of the court's decision by means of a reopening and rearguing of his already unsuccessful appeal grounds.
Application seeking review of judgment - unapproved judgment - issuance of isaac wunder order - whether Court correctly recorded what was presented verbatim by applicant in submissions - whether judgment misunderstands applicant's position regarding mortgage - whether judgment should be reviewed on grounds of constitutional justice - impermissible application to re-litigate appeal on merits - jurisdiction to review an exceptional one - proportionality - finality - summary of ambit of review jurisdiction concerning judgments - 'wholly exceptional' threshold not met - failure to demonstrate a fundamental issue concerning a denial of justice - repetition of bare assertions - judgment comprehensively engaged with applicant's arguments without exhaustively rehearsing each authority relied upon - Advocate General opinion non-binding - minor factual inaccuracies amended under slip rule - isaac wunder order varied - issue of validity of receiver's appointment remitted to High Court - determination of costs issue - alleged 'last minute application' by applicant on morning of High Court hearing seeking to pursue Supreme Court application refused - applicant unsuccessful in allegation that there was a legal infirmity at heart of bank cross-border merger - Order 99, rule 1(1) RSC - Order 99, rule 1(3) RSC - legal services legislative regime - costs follow event - 75% of respondents's High Court costs ordered - no order as to costs on appeal - stay on costs orders pending appeal
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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