Read the full judgment text of HCA 002353/2009 on BabelCite. This High Court CFI judgment was delivered on 15 July 2010 before Hon To J.
High Court – Abuse of process – Strike out – Ancillary relief proceedings – Res judicata – Property disputes – Forgery allegations – Family Court jurisdiction. Plaintiff's claims regarding property transactions, credit facility fraud, and possession were struck out as abuse of process because they could have been raised in prior divorce ancillary relief proceedings (FCMC 7365/2007). Court applied Henderson v Henderson principle. Plaintiff's failure to participate in ancillary relief trial precluded re-litigation. Costs awarded on indemnity basis.
Legal issues: Abuse of process and res judicata
Outcome: Plaintiff's writ of summons and statement of claim struck out; action dismissed.
Cited by 9 cases