Proceedings struck out as frivolous and vexatious and lis pendens vacated

High Court - three motions brought in two separate sets of proceedings - first named defendant in first set of proceedings sought order vacating lis pendens and striking out claim for want of prosecution or on the basis that no reasonable cause of action had been disclosed - fourth named defendant in second set of proceedings sought an order striking out the proceedings on the ground that the plaintiff was an undischarged bankrupt and had commenced the proceedings without the leave of the Official Assignee in Bankruptcy - third motion had been brought by the plaintiff and sought an order for contempt on the basis that the strike out motion was in breach of the plaintiff's constitutional rights - proceedings related to borrowings which the plaintiff and his wife had with a financial institution and their predecessor - orders for summary judgment had been previously made and a receiver had been appointed over the plaintiff's lands - jurisdiction to strike out must be exercised sparingly - court must take the plaintiff's case at its high-water mark and must be satisfied that the plaintiff's case has no reasonable chance of succeeding - court refused to strike out under Rules - effect of the plaintiff being adjudicated bankrupt was that the right to sue had become vested in the Official Assignee - not appropriate to dismiss proceedings solely on the basis of an adjudication of bankruptcy - OA could elect to prosecute the proceedings - noted from correspondence that OA had no intention of maintaining the proceedings - court satisfied to strike out one set of proceedings as being frivolous and vexatious - other set of plenary proceedings struck out under Order 19 Rule 28 RSC - lis pendens discharged - reliefs sought by plaintiff refused on the basis they were without merit