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Lis pendens proceedings struck out where issues could have been pursued previously
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Court of Appeal dismisses appeal of High Court order that a lis pendens registered within the said proceedings be set aside, in circumstances where the appellant was abusing the process of the court in seeking to challenge again in 2015 proceedings the validity of the appointment of joint receivers - a matter that had been litigated previously, finding that the trial judge was correct in holding that the appellant is abusing the process of the court in seeking to pursue an issue which he could have pursued in the 2012 lis pendens proceedings, but did not.
Receivership – joint receivers appointed over certain properties of the appellant under a deed of mortgage given in favour of Bank of Scotland – appeal of High Court order that a lis pendens registered within the said proceedings be set aside – application for an order for the dismissal of the proceedings pursuant to the rule in Henderson v. Henderson – res judicata – appellant was abusing the process of the court in seeking to challenge again in the 2015 proceedings the validity of the appointment of the joint receivers – whether there is not an identity of parties between the 2012 lis pendens proceedings and the 2015 proceedings – whether the High Court order should not have been made in advance of the delivery of the statement of claim – trial judge was correct in his application of the so called rule in Henderson v. Henderson – appeal dismissed.
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