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High Court dismisses an action claiming negligence in the forensic examination of a lease, on the grounds that they are an abuse of process and are bound to fail, finding that the litigation constitutes a collateral attack and an attempt to re-litigate now settled Circuit Court proceedings, which challenged a lease agreement between the parties in circumstances where the Supreme Court has already determined that those Circuit Court proceedings could no longer be the subject of litigation.
Application to dismiss proceedings - bound to fail - abuse of process - fourth action brought by plaintiff arising from a dispute over a lease agreement from 1999 - whether lease unlawfully altered - failed Circuit Court proceedings - Isaac Wunder order issued against plaintiff - current action - report produced by second named respondent examining the lease document for evidence of fraud - substantive allegation that respondent carried out a negligent examination causing plaintiff loss - no details of loss particularised - court's inherent jurisdiction - whether an impermissible collateral attack on order of Supreme Court preventing plaintiff from re-litigating leasehold proceedings - leasehold proceedings settled in 2005 - res judicata - issue estoppel - underlying intention of plaintiff to reopen Circuit Court proceedings - proceedings dismissed.
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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