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High Court strikes out proceedings taken against bank and others following a detailed examination of the plaintiff's statement of claim as the case mirrors, and in parts repeats, the issues and claims already litigated, decided upon, or still to be determined, in separate but related 'debt proceedings' involving the same parties wherein judgment is soon to be delivered.
Application to strike out all or part of proceedings as an abuse of process - motion brought by first, third and fourth-named defendants and separately by second-named defendant - whether an attempt to re-litigate already decided issues from related debt proceedings - separate judgment - statement of claim - whether res judicata - legal principles - whether same issues still to be decided in separate proceedings - rule in Henderson v Henderson - modular trial - examination of statement of claim - ten of 27 declarations sought already apart of debt proceedings - right of appeal - impermissible to launch collateral attack by way of separate proceedings as a direct attack on valid decision of High Court - rights of respondents/defendants - proceedings dismissed - pleas at paras 8 - 110 of statement of claim struck out - plaintiff entitled to legal challenge against banking legislation should second-named defendant obtain judgment against him in related debt proceedings.
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