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High Court refuses a request to consolidate two separate legal actions between brothers, each owning shared assets. The plaintiff's application for the sale of a jointly owned investment property was allowed to proceed independently of the defendant's separate claim alleging misconduct related to a jointly owned company. The court found no sufficient commonality of questions of law or fact between the two cases to warrant consolidation. The original decision to consider the sale of the property under statute remains unaffected, with the court emphasising the lack of relevance of the defendant's allegations to the plaintiff's application for sale.
cCnsolidation of proceedings, joint ownership, investment property, Land and Conveyancing Act 2009, section 31, sale of property, intellectual property, director's duties, company mismanagement, special summons, plenary hearing, mareva injunction, Duffy v News Group Newspapers Ltd, Yippi Trading Ltd v Costello, accounting adjustments, partition, co-ownership, estate or interest in land, legal strategy, shared investments.
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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