26 Oct 2018
Leave to appeal refused because the proposed grounds were without merit: no evidence of intermediary involvement, the defendant's Confirmation undermines his allegations, and statutory/licensing breaches relied on do not invalidate the loan or bar recovery; consequently no basis for stay and indemnity costs were ordered.
28 Jan 2010
The Court affirmed the judge below: the plaintiff established the credit advance and marker for US$3,000,000, the defendant failed to prove any later Credit Agreement of 5 August 2008, the defendant's challenge was a stalling exercise amounting to an abuse of process, and the appeal was dismissed with costs to be considered (including whether a higher scale was appropriate).
12 Dec 2000
The applicant's intended defence and claim concerning the validity of the second legal charge are unrelated to the plaintiff's present claim (which does not seek to enforce that charge); because the applicant is not necessary to effectual and complete adjudication of the existing action and will not be bound by its result, the court refused to join the applicant as a 2nd defendant.
12 Dec 2000
The applicant is not a necessary party because the plaintiff's claim does not depend on the validity or enforcement of the second legal charge; therefore the applicant will not be bound by the decision and joinder is not justified, so the application to join is refused.