18 Dec 2009
SAUNDERS, MAGILL, FEENEY, HORROCKS, HUNTER, THOMAS, WITHERS V HOUGHTON AND ANOR CA CA684/2008
- Citation
- openlaw-eb84a31d_0543_461c_8d25_05eb60ab6400.pdf
- Court
- Court of Appeal
The Court held that the representation order should be sustained subject to close judicial supervision and conditions regarding funding and security; third party litigation funding is not per se unlawful but must be court‑approved and not amount to abuse of process or champerty; security for costs and protective conditions may be required; the cause of action alleging breach of fiduciary duty against the defendants is legally untenable on the pleaded facts and is struck out.