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1. This is an application for leave to appeal to Her Majesty in Council. The Plaintiff a limited company; has taken proceedings in the Commercial Court against seven Defendants, In them it is alleged that the 4th Defendant was party to a conspiracy formed at least by the 1st, 2nd and 3rd Defendants, a conspiracy by which the company was defrauded of some $127 million. The 4th Defendant applied for so much of the claim as was against him to be struck our. The hearing came before Rhind J, who refu