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Court of Appeal dismisses appeal against the decision of the High Court refusing to deem service good, refusing to renew the summons and dismissing the action and awarding the receivers the costs of the motion adding them as a co-defendant, on the grounds that: the judgment was properly reasoned, founded on principle, and unquestionably correct in circumstances where the summons was sent to a firm of solicitors who did not act for the defendant, and where the plaintiff’s solicitors had no good reason to believe acted for the defendant and the solicitors served plainly and unequivocally said that they did not act for the defendant.
Court of Appeal – appeal against the decision refusing to deem good what was relied on by the plaintiff as service of the plenary summons; refusing to renew the summons and dismissing the action – ordered to pay receiver’s costs of a motion to join him as a defendant to the proceedings – background – application to the High Court - impugned decision - arguments on the appeal - summons in this case was sent to a firm of solicitors who did not act for the defendant - plaintiff’s solicitors had no good reason to believe acted for the defendant - plainly and unequivocally said that they did not act for the defendant - judgment of the High Court was properly reasoned, founded on principle, and unquestionably correct – appeal dismissed – costs
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