High Court, in three related proceedings concerning the arrangement of certain loan facilities, dismisses the first and second proceedings in their entirety, and dismisses the majority of the third proceedings, on the grounds that the plaintiff has failed to identify a cause of action which is not frivolous and/or vexatious and/or doomed to fail, bar one cause of action which relates to the maladministration of the plaintiff's financial account.
Three related proceedings - concerns arrangement of certain loan facilities and the grant of related charges as security in favour of a financial institution - defendants seeking to proceedings struck out on grounds of proceedings frivolous and vexatious and doomed to fail - very high threshold - Order 19, r. 28 RSC - plaintiff has 4 preliminary points - 1st relates to delay - court notes plaintiff cannot rely on delay when defendants not arguing under Primor grounds - further argued defendant has not come with clean hands as it is guilty of constructive fraud and unconscionable conduct - court disagrees - further lack of candour and finally defendant should have sought trial of preliminary issue - first proceeding struck out on grounds complaints made against defendants are statute barred - second proceedings struck out for there being no cause of action argued - third proceedings struck out except for claim relating to maladministration of loan account - part of third proceedings struck out relate to an attempt to litigate a fraud claim - plaintiff must file an amended statement of claim - defendants will make application for Isaac Wonder order.