High Court: (a) makes an omnibus or global order substituting the plaintiff for another following a loan sale in 369 separate actions; and (b) sets out the conditions for the making of such global or omnibus orders.
Application to substitute one plaintiff for another following a loan sale - whether the Court could make a global or omnibus order to substitute the plaintiffs in 368 other actions listed in the schedule of the affidavit grounding the application - O. 17, rule 4 of the Rules of the Superior Courts - no objection in principle in making the orders sought by way of a global or omnibus order, provided that the rights and protections afforded to the defendants involved are in no way diminished - conditions for the making of a global or omnibus order set out - plaintiff may exhibit a schedule of other actions - the schedule should provide sufficient information to identify each of the actions involved, including record numbers - there should be an affidavit from a solicitor instructed in the matter averring that they are satisfied there has been a valid transfer of the loan and/or security involved to the party being substituted as plaintiff and valid notice has been given by way of “goodbye” and “hello” letters to the persons involved - documentation evidencing this should be exhibited in the grounding affidavit - the number of actions listed in a Schedule ought to be limited to no more than 100 - a copy of the order substituting the plaintiff should be served on each of the defendants - the defendants are to be informed by notice in writing that a copy of the affidavit and exhibits relevant to the particular action grounding the application are available on request, that an application may be made to court, on notice, to set aside so much of the order as affects the defendants involved and informing the defendants of their entitlement to contest the transfer of the loan and/or security involved at the hearing of the action - a notice of intention to proceed is not requited in advance of bringing an application to substitute - global or omnibus order substituting the plaintiff granted