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The High Court struck out a motion brought by the borrowers challenging the validity of a receiver’s appointment over certain assets and seeking to strike out claims relating to two contracts, on the basis that the substantive issues raised in the motion had already been fully incorporated into the main proceedings and addressed in the main judgment. The court concluded that as all four issues had been comprehensively determined at trial and did not give rise to extra costs, there was no necessity for further orders, resulting in the motion being marked as spent with no order as to costs.
receiver appointment – strike out application – contract for sale – building agreement – summary financial proceedings – assets of company – motion spent – no order as to costs – plenary proceedings – amended pleadings – borrowers" defence – relief sought – trial of substantive issues – Promontoria interests – Rules of the Superior Courts (RSC)
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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