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The court dismissed Ali Ibrahim’s tort claims against Karim Allibhai and found Ibrahim’s CPL on Allibhai’s property was an abuse of process, awarding damages and release of trust funds.
The court dismissed Cooper Creek’s Norwich order application seeking social-media and website account-holder information about LSWK and related accounts.
Federal Court allowed an appeal in part, striking a counterclaim paragraph seeking common law tort damages, but leaving statutory and officer-liability pleadings intact.
The non-suit application was granted in respect of the second issue because Oak Island failed to adduce facts from which a reasonable jury could infer liability on improper delegation or denial of eligibility; the non-suit was refused as to the first and third issues because, accepting the plaintiff's evidence for the purposes of the motion, a reasonable jury could infer liability on misfeasance/abuse of public office and on certain contractual interference allegations, so the claims must proceed to trial.
Source excerpt
The court struck several pleadings for failing to disclose actionable causes of action, but allowed the contract interference claim to remain. Leave to amend was granted.
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