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Multiple actions against lender and receiver dismissed as abuse of process and hopeless
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The High Court dismissed proceedings issued by the borrower against the lender, a receiver, and the entity to which a mortgaged property was ultimately sold, concluding that the borrower's claims—alleging overcharging, breach of consumer law, fraud, harassment, trespass, nuisance, and other torts—disclosed no reasonable cause of action and were bound to fail. The court found that the borrower had borrowed money, defaulted on repayments, and that the receiver was lawfully appointed and entitled to deal with the property in accordance with the mortgage. In addition, the borrower had taken no steps to prosecute the claim for over seven years, and there was no pressing exigency of justice requiring the case to proceed. Consequently, the High Court ordered the lifting of the lis pendens on the property, allowing the lender to exercise its security. The decision reflects an emphasis on both procedural efficiency and the need to prevent abusive litigation tactics.
application to dismiss proceedings – want of prosecution – no reasonable cause of action – abuse of process – mortgage default – appointment of receiver – order to lift lis pendens – land and conveyancing law reform – receiver"s powers – claims of fraud and overcharging – court jurisdiction to strike out – Rules of the Superior Courts (RSC) – delay in prosecution – securitisation of mortgage – rental property – not principal residence
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.
