23 Feb 2011
HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND ANOTHER v. MURRAY ALASTAIR ELLIOT
- Citation
- HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND ANOTHER v. MURRAY ALASTAIR ELLIOT
- Court
- Court of First Instance
- Case number
- HCA1463/2009
The court held the present proceedings were an abuse of process and barred by res judicata because the matters now raised (including capacity, duress and undue influence) could and should have been litigated in earlier proceedings which finally determined the competing equities; accordingly the plaintiffs' claims were struck out, the action dismissed and the Land Registry registration vacated; damages claims failed as not maintainable on the facts and law.